Petitioner is the fourth accused in Crime No.11 of 2008 of Ernakulam Town South Police Station originally registered for offence punishable under Section 420 read with Section 34 of the Indian Penal Code (for short, “the IPC”). Allegation is that petitioner, making use of the design and patent number sanctioned to CWs 1 and 2 by the Government of India made induction cooker with name ‘insta cook’ adopting the model of ‘augur and maginer induction cooker’ being manufactured and marketed by CWs 1 and 2 through Augur India Enterprises, petitioner made such adaptation to make people like CW3 believe that the induction cooker manufactured by him is that one manufactured and marketed by CWs 1 and 2 and thereby cheated CWs 1 and 2 and others. Petitioner requests that proceeding against him may be quashed. Learned counsel has placed reliance on Section 22 of the Designs Act, 2000 to contend that so far as persons who claims to be the owner of the design is concerned, their remedy is only as provided in the said Section in view of the second proviso to Sub-section (2) of Section 22 of the said Act that no suit or any other proceeding for relief under that Sub-section shall be instituted in any court below the court of District Judge. That provision according to the learned counsel, prevented CWs 1 and 2 from initiating prosecution against petitioner. Learned Public Prosecutor submitted that investigation is completed and final
