In the Hon’ble Court of Shri Rishabh Kapoor, Ld MM,

Tis Hazari, Delhi

Cr. Case No. 4208/2020

In Re:
State Versus Naresh Kadyan

INDEX

S. No. Particulars Page No

1 Counter Complaint 2-9
2 Wildlife Division confirmed violation of 49 B of Wildlife Protection Act, 1972 10
3 Communication – file Noting of Delhi Police 11-16
4 Legal Affairs file Noting with communications of KVIC 17-19
5 Dy. CEO (NZ) cum Secretary to Chairman of KVIC to Delhi Police 20-21
6 Advisory No. 4 of 2020-2021 of WCCB with Reply of KVIC 22-25
7 Trademark Authority refusal 26
8 Trademark Certificate of KVIC under class 20 27
9 MMSME/R/T/20/00009 with Reply of KVIC: Class 20 28-31
10 WCCB Replied under RTI 32-33
11 WCCB to KVIC to explain 34
12 KVIC replied to WCCB 35-36
13 WCCB to Wildlife Division 37
14 Trademark Application of KVIC 38-39
15 Affidavit of KVIC 40-42
16 KVIC/R/E/20/00007 with KVIC Reply 43-47
17 CIC orders 48-50
18 Compliance of CIC orders by KVIC 51

Naresh Kadyan
Distribution:

All stakeholders.

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 In the Hon’ble Court of Shri Rishabh Kapoor, Ld MM,
Tis Hazari, Delhi
Cr. Case No. 4208/2020

In Re:
State Versus Naresh Kadyan

APPLICATION ON BEHALF OF NARESH KADYAN, AGAINST THE KALANDRA NO.

29 A, FILED BY POLICE STATION IP ESTATE & TO TAKE ACTION AGAINST THE
CONCERNED IO WITH SHRI. JAWAHAR, RESPONSIBLE TO TENDER FALSE
AFFIDAVIT ALONG WITH THE DEPUTY CEO (NZ) CUM SECRETARY TO
CHAIRMAN OF THE KVIC UNDER SECTION 103 AND 104 OF THE TRADEMARK
ACT, 1999, READ WITH RULE 25 OF THE TRADEMARK RULES, 2017 AND 120-B,
166A, 167, 182, 191, 193, 195, 199, 211, 219, 420 AND 499 OF IPC

DD number 29 A /2020
U/S : KALANDRA, U/s 182 IPC
PS: IP ESTATE

Most respectfully Showeth:

1. That the above-mentioned Kalandra is under consideration before the Hon’ble

Court and listed on 11th, May 2022.

2. That the present kalandra has filed by the police is based on the complaint filed by

the Naresh Kadyan, being a part of Community Policing and stated that KVIC at

Rajghat and Maharashtra are trading in possession of ivory and whale bone, which

is not permissible in law as per section 49-B(1)(a) of the Wildlife Protection Act,

1972 and the violation of the section 188, 120 B, 420 IPC read with section

2,9,39,40,63 of the Wildlife Protection Act, 1972. Whereas the Advisory No. 4 of

2020-2021, issued by the Wildlife Crime Control Bureau (WCCB), to the KVIC,

under intimation to the Trademark Authorities.

3. That the Respondent is retired as Commissioner, Bharat Scouts and Guides,

Haryana, in past, served as Technical Supervisor (Leather), Haryana, Khadi and

Village Industries Board, being an active part of Community Policing as man of

many achievements and distinctions: Voice for voiceless: Fighter by spirit: Jat by

birth: Philanthropist by profession: Activist by mission: Humanitarian by choice,

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 Gandhian by vision and action, being habitual khadi wearers and scout warrior,

speaking truth as passion: Work is worship and law abiding person and on the

other hand, had been Duty Magistrate during prohibition policy in Haryana along

with District Khadi and Village Industries officer.

Retired Member, State Committee for Slaughter House, Department of Urban and

local bodies (Government of Haryana), decorated with certificate of Master Trainer

from AWBI, volunteer of WCCB, nominee of CPCSEA (Government of India),

Nodal Inspecting Authority for Haryana and adjoining area of Rajasthan, with the

Animal Welfare Division (Govt. of India), presently as Member, IUCN Commission

on Education and Communication, compiled two books on legislations on flora and

fauna in Hindi.

4. That the complaint made by Respondent was based on the Trade Mark

Application No. 3863691, wherein the KVIC has applied in the class 20 for the

goods namely:-

“Furniture, mirrors, picture frames; goods (not included in

other classes) of wood, cork, reed, cane, wicker, horn, bone,
ivory, whalebone, shell, amber, mother- of-pearl,
meerschaum and substitutes for all these materials, or of
plastics”

It would be pertinent to mention here that KVIC obtained WORDMARK: KHADI,

along with logo Khadi India Hindi & English, WORDMARK SARVODAYA as well,
whereas fire arms and ammunition, tobacco, meat, alcohol covered under the
Negative list of the KVIC, including as Ivory, which is ban by laws of the land.

5. That the affidavit along with application, to obtain Trademark, under Rule 25 of the
Trademark Rules, 2017, tendered by Mr. Jawahar Director (Marketing) of Khadi
and Village Industries Commission, Mumbai. This affidavit stated as follows:
“2. I say and submit that the applicant company is engaged in
the business of Manufacturer/merchant/services of the
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 applied goods/services(hereinafter to as the said goods/
Services) included in classes-
1,2,3,4,5,6,7,8,14,16,18,20,221,22,23,24,25,26,27,29,30,32,
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.

Hence this affidavit shown that the KVIC is in the trade and in business of IVORY

& WHALE BONE with other business.

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 104 of the Trade Marks Act, 1999 read with Rule 25 of Trade Mark Rule,
2017:

Rule 25:

Statement of user in applications –

(1) An application to register a trademark shall, unless the trademark is proposed

to be used, contain a statement of the period during which, and the person by
whom it has been used in respect of all the goods or services mentioned in the
application.

(2) In case, the use of the trademark is claimed prior to the date of application, the
applicant shall file an affidavit testifying to such use along with supporting
documents.

6. That it is pertinent to mention here that this fact has come in to the knowledge of

Naresh Kadyan that KVIC doing of the business of IVORY & WHALE BONE, which

is illegal in India and punishable under the law and it was the duty of Respondent

as the citizen of India to perform his fundamental duties, as provided by our

Constitution under Article 51A(g), to inform all concerned Enforcement agencies

including Delhi Police, adopting all legal platforms, to take the action, hence the

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 Respondent, submitted his complaint to the Police and other authorities to take the

appropriate action against all the offenders including KVIC.

7. That said complaint given by the Respondent in good faith as per the Affidavit and

Trade Mark application filed by the KVIC and he has no motive or any bad intention

to harm the KVIC officers and the Complaint of the Respondent was based on the

Public Documents and the Delhi Police how can file the present Kalandra u/s 182

of IPC against the Respondent on public documents, which are available on the

website of Trade Mark registry, uploaded online with my complaints.

8. Delhi Police Standing Order No. 410, issued Guidelines for initiating action against

false complaints.

9. That the feelings of Respondent, badly hurted due to unlawful & false declaration

through affidavit by the KVIC, submitted with the Trade Marks Authorities. In fact

against the Gandhian Ideology & philosophy.

10. That the Respondent is the well-wishers of the KVIC and does not want to harm

any officers of KVIC and does not want to take any benefit by making the false

police complaint against the KVIC, hence the present Kalandra is liable to be

rejected by the Hon’ble Court.

11. That the Wildlife Crime Control Bureau asked the actual position to the KVIC,

whereas KVIC replied to WCCB, concealing affidavit as submitted before the

Trade Mark Authorities, to get trademarks under class 20.

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12. That as per the wildlife wing of the Ministry of Environment, Forest and Climate

Change, which confirmed the offenses, related Ivory.

13. That as per the knowledge of Respondent that the KVIC did not file any rectification

application in the alleged trade mark till date to the Trade Mark Registry; to comply

with the Advisory No. 4 of 2020-2021 of the WCCB, hence it shown that the KVIC

has intentionally filed the said trade mark application with false affidavit.

14. That the Deputy CEO (NZ) cum Secretary to Chairman of KVIC submitted false

counter communications, concealing actual facts, misusing power & authorities,

vested in post, to the Police & IO of the case has filed this Kalandra with melafide

intention on false grounds to malign the reputation of the Respondent, whereas

IO, neither asked the Respondent to join Investigation nor communicate for

clarification, besides SHO submitted a false complaint -allegation under 195,

keeping in view said objectionable kalandra.

15. That the Respondent did not produce any false evidence in his complaint, he has

given only documents, which were filed by KVIC in the Trade Mark Registry, hence

the Kalandra is not made out u/s 195 of Cr. P.C and liable to be rejected on this

ground only, besides false contents of the application, claiming that my association

with KVIC.

16. That every citizen of India is duty bound by law and the law is equal for every

citizen of India and the KVIC has filed false affidavit before the Trade Mark Registry

and which is punishable u/s 103 to 104 of Trade Mark Act, 1999.

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17. That the KVIC was stated in the Kalandra that they were taken the Trade Mark

under Class 20 for protecting their Trade Mark but the KVIC could use the

language “proposed to be used” in the Trade Mark Application but the KVIC has

filed the Affidavit wrongly with the Trade Mark Application, keeping in view Rule 25

of the Trademark Rules, 2017.

18. That now it is admitted facts that the KVIC has filed the false affidavit before the

trade mark registry, which is punishable u/s 103 to 104 of trade mark act 1999 read

with other relevant laws of the land, breaching public trust as well.

19. That it would be pertinent to mention here that KVIC obtained trademarks for the

activities covered under Negative list, preventing the misuse of KVIC brand, but

KVIC adopted wrong & unlawful mechanism, submitting false affidavits, if KVIC

wants to protect their Brand then they may recommend Central Govt. to include

KVIC brand under the Emblems and Names (Prevention of Improper Use) Act,

1950. The Respondent offer his tireless services to the KVIC for this cause without

any personal gain & profit, in the interest of Gandhian values being worriers.

20. That Respondent did not hide any information from the concerned portal as the

complaint of the Respondent is still available on LG listening portal along with all

the evidences attached with the grievances, submitted on the portal, RTI received

by Respondent is still online portal, but the concerned IO did not produce this

information before the Hon’ble Court.

21. That the IO has allegedly making allegation against the Respondent that his

conduct was not good, during his service time, which is totally wrong as all the

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 charges were baseless and only slapped on the Respondent to harass him and all

the charges has been dropped and one charge has been quashed by the Hon’ble

Punjab & Haryana High Court. It is pertinent to mention here that the this baseless

charges has been included in the Kalandra, which shows that the IO has malafide

intention and this Kalandra has also been filed with malafide intention to

pressurize the Respondent to take the other complaint return back filed against

KVIC on misusing of the premises of Gandhi Samiriti & Darshan Samiti at Rajghat,

New Delhi, whereas during the services with KVIB Haryana of Respondent,

appreciation has been issued by the District Administration at Gurgaon, another

one was issued by the District Administration at Faridabad along with services

tendered as In-charge of Consignment Agency at Faridabad, keeping in view

tireless services. The Respondent moved voluntarily retirement under protest, at

the time of promotion, before 5 years of his retirement, whereas PETA India along

with Wildlife Trust of India also appreciated the services towards animals. It would

be pertinent to mention here that Govt. of Haryana, nominate as a Member, State

Committee for Slaughter Houses, Department of Urban and Local Bodies, being

prominent person, keeping in view, orders passed by the Hon’ble Supreme Court

of India, in CWP No. 309 of 2003.

22. That the Respondent has filed a Private complaint CRM No. 342/2020 before the

Court of Ld Illaqua Magistrate, Jhajjar, Haryana u/s 156(3) to lodge FIR u/s 103 to

105 of Trade Mark Act read with 39, 63 of the Wild Life Protection Act 1972, which

was dismissed on 22.10.2020 and treated as complaint against the KVIC & Trade

mark registry.

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 23. That the IO has filed this Kalandra on false ground and liable to be punished WITH

SHRI. JAWAHAR, RESPONSIBLE TO TENDER FALSE AFFIDAVIT ALONG

WITH THE DEPUTY CEO (NZ) CUM SECRETARY TO CHAIRMAN OF THE

KVIC UNDER SECTION 103 AND 104 OF THE TRADEMARK ACT, 1999, READ

WITH RULE 25 OF THE TRADEMARK RULES, 2017 AND 120-B, 182, 191, 193,

195, 199, 211, 219, 420 AND 499 OF IPC, as they did not perform their duty as

per law, being public servants.

Prayer:

It is therefore most respectfully prayed that the Hon’ble Court may drop the charges,

claimed on the Kalandra filed by the IO, Police Station IP Estate, Delhi and take the

appropriate action against the concerned IO WITH SHRI. JAWAHAR, RESPONSIBLE

TO TENDER FALSE AFFIDAVIT ALONG WITH THE DEPUTY CEO (NZ) CUM

SECRETARY TO CHAIRMAN OF THE KVIC UNDER SECTION 103 AND 104 OF THE

TRADEMARK ACT, 1999, READ WITH RULE 25 OF THE TRADEMARK RULES, 2017

AND120-B, 166A, 167, 182, 191, 193, 195, 199, 211, 219, 420 AND 499 OF IPC for not

doing his duty as per law, performing their fundamental duties as well, in the interest of

justice, breaching public trust.

OR

Pass any other or further order in the interest of justice, as deems fit.

Place: Delhi

Date: 11.05.2022 Naresh Kadyan

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To, CIC/KVICO/A/2020/677393

2nd Appellate Authority, CIC, New Delhi.

Subject: Condonation of delay: 2nd Appeal: Community Policing.

Greetings,

It is humbly submitted that:

Due to sickness & old age, I was not able to moved 2nd Appeal in time, delay may kindly be
condoned, keeping in view my dedication towards cause, without any gain & profit, only to
protect & safeguard our National Interest, whereas CPIO forwarded to many others, who
failed to supply required Information, besides it KVIC comes forward to crush me instead
doing required work as public servant, FAA also replied forwarding to KVIC.

It would be pertinent to mention here that KVIC official approach Delhi Police to take
action against me, concealing facts as they submitted affidavit on false grounds to obtain
Trade Mark for activities covered under Negative List read with section 103 of the Trade
Mark Act.

It is further intimated that KVIC never allotted a premises at Rajghat within GSDS.

RTI Request Registration number MMSME/R/T/20/00009

Public Authority Ministry of Micro, Small and Medium Enterprises

Description of Information Sought

The National Gandhi Memorial Trust also called the Gandhi Samarak Nidhi - Gandhi
Qaumi Yaadgar Fund, is a memorial trust run by the Central Government of India
established to commemorate the life of Mahatma Gandhi. It funds the maintenance of
various places associated with Mahatma Gandhi’s activities during India’s freedom
movement, and is also a leading producer of literature on Gandhi and Gandhian thought
in India, likewise establishments on Vinoba also have base at ground level, hence I want
following information:
1. Details about any proposal to merge all establishments, stood for Gandhi on public
donations, including Gandhi Samarak Nidhi with Gandhi Smriti and Darshan Samiti,
land contributed by Government, in to a National Commission of Gandhian Ideology &
Philosophy.
2. Complete details about source of funds, proper utilization of public donations to
achieve objectives, status about introduction of review policy, preventing breach of public
trust, faith & believes as custodians seems to be a Gandhi Real Estate businessman
3. Certified copies of all amendments in the Memorandum of Association, Bye laws,
approved by the Registrar of Firms & Societies in Delhi
8. Complete details about KVIC trade mark, officially registered under class 20 for bones
& ivory/ class 29 for meat-fish-egg & poultry / class 30 for tea-coffee / class 34 for tobacco
& smokers articles, keeping in view a list of candidates financed under PMEGP on above
said activities
9. Complete list of establishments functioning within premises of Rajghat, occupying
space legal allotment - illegally trespass, describing their work - activities, source of

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funds, their present office bearers duly verified by Registering Authority
Reply: -

KVIC, Mumbai has been requested to furnish the reply to the applicant directly.

RTI Appeal Registration number MMSME/A/E/20/00004

Public Authority Ministry of Micro, Small and Medium Enterprises

Prayer or Relief Sought

Appeal may be considered to supply me:
The National Gandhi Memorial Trust also called the Gandhi Samarak Nidhi - Gandhi
Qaumi Yaadgar Fund, is a memorial trust run by the Central Government of India
established to commemorate the life of Mahatma Gandhi. It funds the maintenance of
various places associated with Mahatma Gandhi’s activities during India’s freedom
movement, and is also a leading producer of literature on Gandhi and Gandhian thought
in India, likewise establishments on Vinoba also have base at ground level, hence I want
following information:
1. Details about any proposal to merge all establishments, stood for Gandhi on public
donations, including Gandhi Samarak Nidhi with Gandhi Smriti and Darshan Samiti,
land contributed by Government, in to a National Commission of Gandhian Ideology &
Philosophy.
2. Complete details about source of funds, proper utilization of public donations to
achieve objectives, status about introduction of review policy, preventing breach of public
trust, faith & believes as custodians seems to be a Gandhi Real Estate businessman
3. Certified copies of all amendments in the Memorandum of Association, Bye laws,
approved by the Registrar of Firms & Societies in Delhi
8. Complete details about KVIC trade mark, officially registered under class 20 for bones
& ivory/ class 29 for meat-fish-egg & poultry / class 30 for tea-coffee / class 34 for tobacco
& smokers articles, keeping in view a list of candidates financed under PMEGP on above
said activities
9. Complete list of establishments functioning within premises of Rajghat, occupying
space legal allotment - illegally trespass, describing their work - activities, source of
funds, their present office bearers duly verified by Registering Authority.
Being a Fighter by spirit: Activist by mission: Jat by birth: Cobbler by profession:
Humanitarian by choice: Gandhian by vision & action, habitually wearing Khadi, I
prefer to fight for, hence 2nd Appeal may kindly be considered, establishing Good
Governance with transparent mechanism. It is further requested to condone the
delay, being retired person not tired for community services, protecting me from
KVIC political vendata.

Yours in Scouting's,

Naresh Kadyan,

C-38, Rose Apartment, sector-14, Rohini, Delhi – 110085

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