ORDER :

Prayer: Criminal Original Petition filed under Section 482 of the Criminal Procedure Code seeking the relief to quash the First Information Report in Crime No. 140/2005 dated 28.01.2005 on the file of the Inspector of Police, Vaniyambadi Town Police Station, Vellore District registered for offences under Sections 420, 468 & 471 of IPC r/w 63 of Copy Right Act, 1957.

Prayer: Criminal Original Petition filed under Section 482 of the Criminal Procedure Code seeking the relief to quash the First Information Report in Crime No. 139/2005 dated 28.01.2005 on the file of the Inspector of Police, Vaniyambadi Town Police Station, Vellore District registered for offences under Sections 420, 468 & 471 of IPC r/w 63 of Copy Right Act, 1957.

1. The Criminal Original Petition in Crl.O.P.No. 5457 of 2016 has been filed seeking to quash the First Information Report in Crime No. 140 of 2005 and the Criminal Original Petition in Crl.O.P.No. 5438 of 2016 has been filed seeking to quash the First Information Report in Crime No. 139 of 2005. The Petitioners in both the Petitions are facing similar complaints filed by one G.Kesavalu Naidu @ Kesavan and hence, both these Petitions are disposed of by this common order.

2. In both the complaints, the said G.Kesavalu Naidu @ Kesavan had stated that he was carrying on the business of manufacturing and selling of mild steel tubes which were invented by him, for drilling of bore-wells, for industrial and for agricultural purposes. He had invented the mild steel tubes used for drilling of bore-wells, having specific diameter of 168.4 mm to 193.6 mm and specific engineering method for production of the same. As the sole inventor and owner in respect of the above inventions, the said G.Kesavalu Naidu @ Kesavan had filed application for Registration of Patents. In January 2000, the Copy Right Registration Authority had processed the applications and after necessary formalities, had issued two certificates of Registration of Copy Right to him as per the numbers viz., A-65629/2003 and A-65630/2003. He had alleged that he came to know that the tubes, according to the specifications invented by him, were spuriously manufactured by certain other companies and were sold in the market at Coimbatore, Hosur, Vellore and Vaniyambadi. Some of the rig owners at Vellore and Vaniyambadi were cheated and they had purchased such spurious and bogus pipes from various dealers, though the trade mark “GKT” was not found. The pipes were very similar to the pipes manufactured by the said G.Kesavalu Naidu @ Kesavan. He later came to know that the Petitioners manufactured the spurious pipes similar to the pipes manufactured by him and had cheated many dealers. As a result of the acts committed by the Petitioners, there was lesser sales of the product of the G.Kesavalu Naidu @ Kesavan.

3. It appears that the said G.Kesavalu Naidu @ Kesavan died on 15.10.2014 subsequent to the filing of the First Information Reports. Hence, the second respondent herein who is the son of the said G.Kesavalu Naidu @ Kesavan was sought to be impleaded, pursuant to the orders of this Court in Crl.M.P.Nos.9559 & 9561 of 2022 in Crl.O.P.Nos.5457 & 5438 of 2016 dated 18.07.2022. He had been impleaded in similar quash petitions after the death of his father. However, due to an error in the prayer made in the Miscellaenous Petitions, the deceased G.Kesavalu Naidu @ Kesavan was shown as second respondent. This was subsequently corrected by the order dated 25.11.2022 by this Court. Meanwhile, the petitioners had sent private notice to the said Boopathy. The private notice sent to him has been returned with an endorsement 'refused'. Therefore, this Court, on 25.11.2022 directed the Registry to print the name of the second respondent in the cause list. There was no appearance for the second respondent, when the matter was called on 01.12.2022. The matter was again called today and there is no appearance for the second respondent. The learned counsel submitted th