Gopi Kanikanti v. State Of West Bengal And ANR

29.04.2024 Serial no. 2 [G.S.D] CRR 1172 of 2024 With CRAN 1 of 2024 In the matter of : Gopi Kanikanti ... ... Petitioner Ms. Subhasree Patil Mr. Soham Banerjee ... for the petitioner Mr. Santanu Talukdar ... for the Opposite Party Mr. Debasis Roy Mr. Arijit Ganguly Ms. Sreemoyi Roy ... for the State Report submitted by the State be kept with the record.

The report has been enclosed along with the statement of the complainant. The complainant claims that there has been amicable settlement in respect of the disputes and differences.

I find that Cyber Police Station Case No. 69 of 2023 dt. 24.7.2023 was registered for investigation under sections 66C/66D/84B of IT Act and Sections 419/420/465/467/468/471 of the IPC.

I have considered the totality of the circumstances, and I find that the accused by opening a fake website

claimed himself to be popular company and for offering a franchise obtained money from the petitioner. Having considered the nature of the offence complained of and the degree of guilt involved, I am of the view that the present case is barely in the nature of cheating by way of deception rather than any intricate offence relating to Cyber Crime, which would involve public policy. Having regard to the changed circumstance, particularly, as the complainant has received the amount and do not intend to pursue with the instant case, I am of the considered opinion that further continuation of this case may not fetch any purposeful result.

Accordingly, all further proceedings of Cyber Police Station Case No. 69 of 2023 dated 24.7.2023 under sections 66C/66D/84B of the IT Act and sections 419/420/465/467/468/471 of the IPC pending before the CMM, Calcutta, is hereby, quashed.

With the aforesaid observations, CRR 1172 of 2024 along with CRAN 1 of 2024 is Allowed.

Pending application, if any, is also disposed of. Parties to act on a server copy of this order duly collected from the official website of the Hon'ble High Court, Calcutta.

Urgent Photostat certified copy of this order, if applied for, be supplied to the parties, subject to compliance with all requisite formalities.

(Tirthankar Ghosh, J.)