G S R BOOMIBALAGAN Vs. STATE

JUDGEMENT

(1.) THIS petition has been filed seeking to quash the proceedings in Cr.No.178 of 2006 pending on the file of the 1st respondent-police.

(2.) THE petitioners are accused of for an offence punishable under Section 103and 104of Trade marks Act, 1999. A private complaint has been filed and the learned Magistrate by an order dated 27.2.2006, directed the first respondent police to register and investigate the case. Accordingly, a case has been registered on 1.3.2006 for the aforesaid offences.

(3.) THE learned counsel for the second respondent, namely, defacto-complainant submits that the allegations against the petitioners are that though they are the joint owners of the Trade Mark, they have printed, falsified and circulated the Trade Marks and sold into the area of the complainant and on the face of the allegations a prima facie case is made out; that when the investigation has been taken up, the proceedings cannot be quashed. As per the provisions of the Trade Mark Act, the offences are cognizable offences and the case has been registered as per the direction of the learned Magistrate and the respondent police may have to do their statutory obligations before filing the final report. THE opinion has not been received from the Registrar of Trade Marks and the investigation is at the initial stage and at this stage quashing the proceedings will be illegal and will be violative of the direction of the Supreme Court.