← Library
Madras High CourtCRL OP/3925/2024disposed of

V.Kathavarayan v. The State Rep By Its

2025-01-31Honourable Mr Justice P. Velmurugan4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated: 31.01.2025 Coram:

THE HONOURABLE MR.JUSTICE P.VELMURUGAN and Crl.M.P.Nos.2884 and 10056 of 2024 ---

1. V.Kathavarayan

2. K.Jayakumar .. Petitioners Vs.

1. The State rep. by its The Inspector of Police, Madipakkam Police Station, Chennai District.

(Crime No.238 of 2023)

2. Mr.Mondem Sreenivasaulu

3. Central Crime Branch, Team-X, Vepery, Chennai (Third respondent impleaded suo-motu as per the order dated 29.02.2024 passed in Crl.O.P.No.3925 of 2024) .. Respondents Criminal Original Petition filed under Section 482 Cr.P.C. praying to call for the records and quash the First Information Report in Crime No.238 of 2023 pending on the file of the first respondent-Police and quash the same. For petitioner : MrD.Padmanabhan For respondents: Mr.S.Sugendran, Addl.P.p. for RR-1 and 3 Mr.S.Karunamoorthy for R-2 1 / 4

ORDER

The petitioners have filed this petition praying to call for the records and quash the FIR in Crime No.238 of 2023, pending on the file of the first respondent-Police.

2. From the submissions made on either side and on a perusal of the averments made in the petition and the counter affidavity, it is clear that the petitioner has not obtained any opinion from the Registrar of Trade Marks and now, they have filed the present petition. Yesterday (30.01.2025), this Court directed the learned Additional Public Prosecutor appearing for the respondents 1 and 3 to produce any opinion, if so obtained from the Registrar of Trade Marks. Now, it is submitted by the learned Additional Public Prosecutor that on 25/28.07.2023, an information had been obtained from the Deputy Registrar of Trade Marks, Chennai, regarding the usage of the trade mark in this case.

3. In view of the above information, having been obtained from the Deputy Registrar of Trade Marks, this petition is disposed of. Consequently, the miscellaneous petitions are closed. The petitioners are at liberty to work out their remedy in the manner known to law.

31.01.2025 cs 2 / 4

To

1. The Inspector of Police, Madipakkam Police Station, Chennai District.

(Crime No.238 of 2023)

2. Central Crime Branch, Team-X, Vepery, Chennai

3. The Public Prosecutor, High Court, Madras.

4. The Registrar of Trade Marks, Intellectural Property Office Building, GST Road, Guindy, Chennai-600 032.

3 / 4

P.VELMURUGAN, J cs 31.01.2025 4 / 4