Before the Court of Ld.

Illaqua Magistrate, Jhajjar

1.Naresh Kadyan (age 59 years) S/o Shri Om Parkash Kadyan, Convener, Kadyan
Khap International, R/o Village Siwana, P.S. Beri, District Jhajjar

2.Ashish Kadyan Advocate (age 31 years) S/o Shri Sukhbir Singh Kadyan R/o Village
Siwana, P.S Beri, District Jhajjar

- Complainant

Versus

1. Chief Executive Officer, Khadi & Village Industries Commission, Gandhi

Darshan KVIC Pavilion, Gate No.4, Rajghat, New Delhi-110002

2. Controller General of Patents, Design & Trade Marks, Department for

Promotion Industry and internal Trade Ministry of Commerce & Industry,
Patents / Designs / Trade Marks / Geographical Indications, Boudhik Sampada
Bhavan, Antop Hill, S.M. Road, Mumbai- 400037.

-Accused

In Private Complaint No. 342 of 2020

Under Sections 103 to 105 of Indian Trade Mark Act,

1999 read with Trade Mark Rules, 2002 and section 39,
63 of the Wild life Protection Act, 1972

P.S. Beri, Distt - Jhajjar

 Before the Court of Ld. Illaqua Magistrate, Jhajjar

1.Naresh Kadyan (age 59 years) S/o Shri Om Parkash Kadyan, Convener, Kadyan
Khap International, R/o Village Siwana, P.S. Beri, District Jhajjar

2.Ashish Kadyan Advocate (age 31 years) S/o Shri Sukhbir Singh Kadyan R/o Village
Siwana, P.S Beri, District Jhajjar

- Complainant

Versus

3. Chief Executive Officer, Khadi & Village Industries Commission, Gandhi

Darshan KVIC Pavilion, Gate No.4, Rajghat, New Delhi-110002

4. Controller General of Patents, Design & Trade Marks, Department for

Promotion Industry and internal Trade Ministry of Commerce & Industry,
Patents / Designs / Trade Marks / Geographical Indications, Boudhik Sampada
Bhavan, Antop Hill, S.M. Road, Mumbai- 400037.

-Accused

INDEX

Petition 1-16

1 Complaint to SHO, PS Beri 17-19

2 Legal Notice under 154(3) of CrPC to DSP, Beri 20

3 KVIC list of Trade Marks 21-24

4 Negative list of KVIC 25-26

5 WCCB communication with KVIC on Abhishek complaint 27-31

6 Negative list of KVIC amended 32-33

7 Trade Mark classifications 34-36

8 KVIC affidavits for Trade Marks 37-45

9 KVIC Trade Marks for IVORY 46

10 KVIC Trade Marks for MEAT 47

11 KVIC Trade Marks for ALCOHAL 48

12 KVIC Trade Marks for TOBACCO 49-50

13 Trade Mark Charkha without IVORY Class 29 51-54

14 Emblems and Names (Prevention of Improper Use) Act 55-60

15 WCCB to KVIC 61-64

16 KVIC to WCCB 65-66

1.Naresh Kadyan (age 59 years) S/o Shri Om Parkash Kadyan, Convener, Kadyan
Khap International, R/o Village Siwana, P.S. Beri, District Jhajjar

2.Ashish Kadyan Advocate (age 31 years) S/o Shri Sukhbir Singh Kadyan R/o Village
Siwana, P.S Beri, District Jhajjar

-Complainant
Complaint U/S 156(3) of Cr.P.C. for giving direction to Police, P.S.

Beri for lodging FIR Under Sections 103 to 105 of Indian Trade

Mark Act, 1999 read with Trade Mark Rules, 2002 and section 39,

63 of the Wild life Protection Act, 1972.

R/Sir,
The Complainant respectfully submits as under:

1. That complainant No. 1 is a retired Commissioner, Bharat Scouts & Guides,

Haryana, served as Technical Supervisor (Leather), Haryana Khadi & Village

Industries Board, Fighter by spirit: Activist by mission: Jat by birth: Cobbler by

Profession: Humanitarian by choice: Gandhian by vision & action as habitually

Khadi Worriers: Work is worship being community Policing and law abiding

person and on the other hand, had been Duty Magistrate during prohibition

policy in Haryana along with District Khadi & Village Industries Officer,

whereas both accused are resourceful and are have No vision, functioning

approach towards negative directions.

Retired Member, State Committee for Slaughter Houses, Department of Urban

& Local Bodies (Govt. of Haryana), decorated with certificate of Master

Trainer of AWBI, volunteer of WCCB, Nominee of CPCSEA (Govt. of India)

Presently serving as a part of community Policing as Member, IUCN

Commission on Education & Communication, representing OIPA in India, duly

 recognized by the United Nations, compiled two books on legislations on flora

& fauna.

2. The International Day of Non-Violence is observed on 2 October, every year,

the birthday of Mahatma Gandhi. In January 2004, Iranian Nobel laureate

Shirin Ebadi had taken a proposal for an International Day of Non-Violence

from a Hindi teacher in Paris teaching international students to the World

Social Forum in Mumbai.

3. The Khadi and Village Industries Commission (KVIC) is a statutory body

established by an Act of Parliament (No. 61 of 1956, as amended by act no. 12

of 1987. In April 1957, it took over the work of former All India Khadi and

Village Industries Board.

The broad objectives that the KVIC has set before it are:

• The social objective of providing employment.

• The economic objective of producing saleable articles.

• The wider objective of creating self-reliance amongst the poor and building up of a
strong rural community spirit.

Some of the major functions of KVIC are:

The KVIC is charged with the planning, promotion, organization and implementation
of programs for the development of Khadi and other village industries in the rural
areas in coordination with other agencies engaged in rural development wherever
necessary. Its functions also comprise building up of a reserve of raw materials and
implements for supply to producers, creation of common service facilities for
processing of raw materials as semi-finished goods and provisions of facilities for
marketing of KVI products apart from organisation of training of artisans engaged in
these industries and encouragement of co-operative efforts amongst them. To promote
the sale and marketing of khadi and/or products of village industries or handicrafts,
the KVIC may forge linkages with established marketing agencies wherever feasible
and necessary. The KVIC is also charged with the responsibility of encouraging and
promoting research in the production techniques and equipment employed in the
Khadi and Village Industries sector and providing facilities for the study of the
problems relating to it, including the use of non-conventional energy and electric
power with a view to increasing productivity, eliminating drudgery and otherwise
enhancing their competitive capacity and arranging for dissemination of salient results
obtained from such research. Further, the KVIC is entrusted with the task of providing
financial assistance to institutions and individuals for development and operation of
Khadi and village industries and guiding them through supply of designs, prototypes
and other technical information. In implementing KVI activities, the KVIC may take
such steps as to ensure genuineness of the products and to set standards of quality and
ensure that the products of Khadi and village industries do conform to the standards.
The KVIC may also undertake directly or through other agencies studies concerning
the problems of Khadi and/or village industries besides research or establishing pilot
projects for the development of Khadi and village industries.
The KVIC is authorized to establish and maintain separate organisations for the
purpose of carrying out any or all of the above matters besides carrying out any other
matters incidental to its activities.
4. Negative List of Activities:

The following list of activities will not be permitted under PMEGP for setting
up of micro enterprises / projects /units.

a) Any industry/ business connected with Meat(slaughtered), i.e. processing,

canning and/or serving items made of it as food, production/manufacturing or
sale of intoxicant items like Beedi/Pan/Cigar/Cigarette etc., any Hotel or Dhaba
or sales outlet serving liquor, preparation/producing tobacco as raw materials,
tapping of toddy for sale.

b) Any industry/business connected with cultivation of crops/plantation like

Tea, Coffee, Rubber etc. sericulture (Cocoon rearing), Horticulture,
Floriculture. Value addition under these will be allowed under PMEGP

c) Any industry/business connected with Animal Husbandry like Pisciculture,

Piggery, Poultry, etc.

d) Manufacturing of Polythene carry bags of less than 20 microns thickness and

manufacture of carry bags or containers made of recycled plastic for storing,
carrying, dispensing or packaging of food stuff and any other item which
causes environmental problems.

Whereas said Negative list was amended, on the complaint lodged by Abhishek
Kadyan with Sukanya Kadyan with the Wildlife Control Bureau under the
Ministry of Environment, Forest & Climate Change, omitting scheme of
Materials made from horn, bone & ivory under Group- lV: Polymer and
Chemical Based Industry, being offense under the Wildlife Protection Act,
1972.

5. As per the FOURTH SCHEDULE TO TRADE MARKS RULES, 2002;

Classification of goods from 1 to 34 and services from 35 to 45, covering
 classification of goods and services, activities under negative list of KVIC.
In fact against the Gandhian Ideology and Philosophy, such as Meat, fish,
poultry under class 29, Tobacco, Smokers article under class 34 , Alcoholic
beverages, except beers; Alcoholic preparations for making beverages
under class 33, IVORY under class 20.

6. Controller General of Patents, Designs & Trade Marks allowed KVIC,

activities under class 20 for Ivory, which is an offense under the Wildlife
Protection Act, 1972, under the Negative list of KVIC.

7. Activities covered under Negative List, approved by the KVIC, never promoted
as policy matter but against Negative list, misusing power & authorities, KVIC
official applied Trade Mark for the activities covered under Negative list,
submitting false & fabricated Information’s, even Affidavits also submitted,
which is a serious issue for public servants, besides it KVIC admitted vide
letter number LA/VIP/Min. Reference/ 2020-21 Dated 26.05.2020 in reference
Wildlife Crime Control Bureau letter number 16012/21/2016/19/21 Dated
19.05.2020 that they don’t encouraged or promoted the manufacturing or trade
of Ivory products, it is further stated that KVIC obtained Trade mark under
Khadi, Khadi India and Sarvodaya etc., besides it Charkha under consideration
with the Trade mark Authorities. Though KVIC has registration for the
aforesaid marks under the aforesaid classes KVIC is not engaged in the
production / trade or promotion of these products which against Gandhian
values. The products which are not coming under the negative list or against
Gandhian values are coming within the purview of KVIC. In fact, KVIC has
been actively discouraging activities against Gandhian principles.
8. KVIC applied many class including all activities covered under Negative list,
with Ivory, submitted affidavits dated 06.06.2018 tender by Jawahar, Director
Marketing of KVIC, on behalf of CEO of KVIC, as per given below at point
no. 2 :-

I say and submit that the applicant company is engaged in the business of
manufacturer / merchant / services of the applied goods / services
(hereinafter referred to as the said goods/ services) included in classes
-1,2,3,4,5,6,7,8,14,16,18,19,20,21,22,23,24,25,26,27,29,30,32,34,35,38,42. I
say and submit that the applicant company is registered proprietor of the
trademark KHADI bearing no. 2851542 in class 24. The said trademark is
valid till today.

9. Whereas Charkha under class 29 of Trade Mark classification without IVORY

obtained after objections.

10. Keeping in view the contents submitted vide letter dated 26.05.2020 and
affidavit tendered on dated 06.06.2018 are contradictory, false, manipulated
and fabricated whereas affidavit tendered on false grounds is an offence of 103
to 105 of the Trade Marks Act, 1999 read with Trade Mark Rule, 2002.

11. As per section 115 of the Trade Mark Act, 1999:- Cognizance of certain
offences and the powers of police officer for search and seizure (3): The
offences under section 103 or section 104 or section 105 shall be cognizable.

12. As per section 103 of the Trade Mark Act, 1999: Penalty for applying false
trademarks, trade descriptions, etc. Any person who - (a) falsifies any trade
mark; or (b) falsely applies to goods or services any trade mark; or (c) makes,
disposes of, or has in his possession, any die, block, machine, plate or other
instrument for the purpose of falsifying or of being used for falsifying, a trade
 mark; or (d) applies any false trade description to goods or services; or (e)
applies to any goods to which an indication of the country or place in which
they were made or produced or the name and address of the manufacturer or
person for whom the goods are manufactured is required to be applied under
section 139, a false indication of such country, place, name or address; or (f)
tampers with, alters or effaces an indication of origin which has been applied to
any goods to which it is required to be applied under section 139; or (g) causes
any of the things above mentioned in this section to be done, shall, unless he
proves that he acted, without intent to defraud, be punishable with
imprisonment for a term which shall not be less than six months but which may
extend to three years and with fine which shall not be less than fifty thousand
rupees but which may extend to two lakh rupees: Provided that the court may,
for adequate and special reasons to be mentioned in the judgment, impose a
sentence of imprisonment for a term of less than six months or a fine of less
than fifty thousand rupees.

13. As per section 104 of the Trade Marks Act, 1999: Penalty for selling goods or
providing services to which false trade mark or false trade description is
applied. Any person who sells, lets for hire or exposes for sale, or hires or has
in his possession for sale, goods or things, or provides or hires services, to
which any false trade mark or false trade description is applied or which, being
required under section 139 to have applied to them an indication of the country
or place in which they were made or produced or the name and address of the
manufacturer, or person for whom the goods are manufactured or services
provided, as the case may be, are without the indications so required, shall,
unless he proves,-(a) that, having taken all reasonable precautions against
committing an offence against this section, he had at the time of commission of
 the alleged offence no reason to suspect the genuineness of the trade mark or
trade description or that any offence had been committed in respect of the
goods or services; or (b) that, on demand by or on behalf of the prosecutor, he
gave all the information in his power with respect to the person from whom he
obtained such goods or things or services; or (c) that otherwise he had acted
innocently, be punishable with imprisonment for a term which shall not be less
than six months but which may extend to three years and with fine which shall
not be less than fifty thousand rupees but which may extend to two lakh rupees:
Provided that the court may, for adequate and special reasons to be mentioned
in the judgment, impose a sentence of imprisonment for a term of less than six
months or a fine of less than fifty thousand rupees.

14. As per section 105 of the Trade Mark Act, 1999: Enhanced penalty on second
or subsequent conviction. Whoever having already been convicted of an
offence under section 103 or section 104 is again convicted of any such offence
shall be punishable for the second and for every subsequent offence, with
imprisonment for a term which shall not be less than one year but which may
extend to three years and with fine which shall not be less than one lakh rupees
but which may extend to two lakh rupees: Provided that the court may, for
adequate and special reason to be mentioned in the judgment, impose a
sentence of imprisonment for a term of less than one year or a fine of less than
one lakh rupees: Provided further that for the purposes of this section, no
cognizance shall be taken of any conviction made before the commencement of
this Act.

15. Online complaint No. 13257005072000026 and 13257005072000027 with

Police Station at Beri references 396-SD Book No. 62, Receipt No. 225, to
 lodge FIR against Chief Executive Officer, Khadi & Village Industries
Commission along with Controller General of Patents, Designs & Trade Marks,
Department for Promotion Industry and Internal Trade Ministry of Commerce
& Industry and all concerned for the violation of the section 103 to 105 of
Indian Trade Marks Act, 1999 read with Trade Mark Rules, 2002 and Negative
List approved by KVIC with criminal conspiracy to bluff - cheat public,
defaming the whistle blower but all complaints were mishandled by Police,
under pressure.

16. Legal Notice under CrPC 154(3) was also issued upon Dy. Suprintendent of
Police at Beri but till date No FIR has been lodged, being cognizable offensein
legal terms.

It is therefore humbly prayed that the directions to S.H.O., P.S. – Beri,

may kindly be issued under section 156(3) of Cr.P.C. to lodge FIR against all

accused, in the interest of Justice, being cognizable offense in legal terms.

Complainant's
1.Naresh Kadyan (age 59 years) S/o Shri Om Parkash Kadyan, Convener, Kadyan
Khap International, R/o Village Siwana, P.S. Beri, District Jhajjar

2.Ashish Kadyan Advocate (age 31 years) S/o Shri Sukhbir Singh Kadyan R/o Village
Siwana, P.S Beri, District Jhajjar

Place: Jhajjar
Date: September 17, 2020
Through Counsel:
 Before the Court of Ld. Illaqua Magistrate, Jhajjar

Naresh Kadyan with Ashish Kadyan versus CEO, KVIC etc

List of Witnesses
1. Naresh Kadyan (age 59 years) S/o Shri Om Parkash Kadyan, Convener,
Kadyan Khap International, R/o Village Siwana, P.S. Beri, District Jhajjar

2. Ashish Kadyan Advocate (age 31 years) S/o Shri Sukhbir Singh Kadyan R/o
Village Siwana, P.S Beri, District Jhajjar

3. Any other witness with permission of the Hon’ble Court.

Complainant’s
Naresh Kadyan (age 59 years) S/o Shri Om Parkash Kadyan, Convener, Kadyan Khap
International, R/o Village Siwana, P.S. Beri, District Jhajjar
Ashish Kadyan Advocate (age 31 years) S/o Shri Sukhbir Singh Kadyan R/o Village
Siwana, P.S Beri, District Jhajjar

Place: Jhajjar
Date: September 17, 2020

Through Counsel:
 Before the Court of Ld. Illaqua Magistrate, Jhajjar
Naresh Kadyan versus CEO, KVIC etc

Affidavit
I, Naresh Kadyan (age 59 years) S/o Shri Om Parkash Kadyan, Convener, Kadyan
Khap International, R/o Village Siwana, P.S. Beri, District Jhajjar, do hereby
solemnly affirm and declare as under:

1. That Para no. 1 to 16 are true and correct to the best of my knowledge and

belief.

2. That the content of the complaint have been drafted at the instance of the
deponent and the same be read as part of this affidavit.

Deponent
Verification:
Verified that the contents of the affidavit are true and correct to the best of my
knowledge and belief and nothing has been concealed therein.

Deponent
Place: Jhajjar
Date: September 17, 2020
 Before the Court of Ld. Illaqua Magistrate, Jhajjar
Naresh Kadyan versus CEO, KVIC etc

Affidavit
I, Ashish Kadyan Advocate (age 31 years) S/o Shri Sukhbir Singh, R/o Village
Siwana, P.S. Beri, District Jhajjar, do hereby solemnly affirm and declare as under:

1. That Para no. 1 to 16 are true and correct to the best of my knowledge and

belief.

2. That the content of the complaint have been drafted at the instance of the
deponent and the same be read as part of this affidavit.

Deponent
Verification:
Verified that the contents of the affidavit are true and correct to the best of my
knowledge and belief and nothing has been concealed therein.

Deponent
Place: Jhajjar
Date: September 17, 2020