Narayan Mohta v. State Of West Bengal & ANR

18.12.2020

IN THE HIGH COURT AT CALCUTTA

Item No.2 CRIMINAL REVISIONAL JURISDICTION Ct.No.42 dc.

C.R.R. 690 of 2020 + CRAN 1 of 2020 (Old No. CRAN 943 of 2020) Narayan Mohta versus The State of W.B. & Anr.

Mr. Ranajit Roy ... For the Petitioner.

Mr. S. G. Mukherjee, Ld. P.P., Mr. Arijit Ganguly ... For the State.

Mr. Soumyabrata Ganguly ... For the Opposite Party No.2.

Learned advocates for the parties are present in Court. Pursuant to the order dated 27.11.2020, a report has been submitted by the SI of Police, Enforcement Branch, Howrah Police Commissionerate. Let the same be kept with the record.

Mr. Arijit Ganguly, learned advocate appearing for the State submits that the investigating agency has subsequently recorded the statement of the de facto complainant and the same is enclosed along with the report. The present case was initiated in connection with Malipanchghara P.S. Case No. No. 183 of 2019 dated 27.08.2019 under Sections 63 and 65 of the Copyright Act read with Sections 417, 420, 482 and 483 of the Indian Penal Code and the investigating agency on completion of the investigation submitted charge-sheet.

In view of the joint compromise petition filed before this Court and the report so received from the Investigating Officer of the case pursuant to the enquiry so conducted, I am of the opinion that as the offence did not involve any public policy and the same is private and personal in nature, quashing of the further proceeding would not be an impediment under the law.

Accordingly, all proceedings arising out of Malipanchghara P.S. Case No. 183 of 2019 dated 27.08.2019 and the charge-sheet so submitted in connection with the said case being Charge-sheet No. 254 of 2019 dated 24.12.2019 pending before the learned Chief Judicial Magistrate, Howrah be quashed.

With the aforesaid observations, CRR 690 of 2020 and CRAN 1 of 2020 (Old No. CRAN 943 of 2020) are disposed of. Urgent photostat certified copy of this order, if applied for, be given to the parties upon compliance with the necessary formalities.

(Tirthankar Ghosh, J.)