Vivek Kamani v. State Of West Bengal And ANR

C.R.R.2950 of 2022 With CRAN 1 of 2023 D/L4 13.07.2023 Bpg.

In Re: An application under Section 482 of the Code of Criminal Procedure, 1973;

Vivek Kamani

Versus

The State of West Bengal and another Mr. S. Chatterjee Ms. Sucheta Banerjee.

...for the petitioner.

Mr. Madhusudan Sur Mr. Dipankar Paramanick.

...for the State.

Mr. Anupam Das.

...for the opposite party no.2.

Mr. Sur, learned advocate appearing for the State has submitted a report. The report encloses the declaration of one Ansul Agarwal as also the statement recorded by Ansul Agarwal. Let the report be kept with the record.

The proceedings relating to Jorasanko Police Station Case No.493 of 2011 dated 03.12.2011 was registered for investigation pursuant to an application under Section 156(3) of the Code of Criminal Procedure filed by M/S. Dhananjai Apparels Pvt. Ltd by its Managing Director Ansul Agarwal.

In view of the statement and declaration made by Ansul Agarwal that the dispute and differences between the parties have been settled and he do not intend to pursue the criminal case, I am of the opinion that further continuance of Jorasanko Police Station

Case No.493 of 2011 dated 03.12.2011 is unwarranted. Accordingly, all further proceedings of Jorasanko Police Station Case No.493 of 2011 dated 03.12.2011 under Sections 418/419 of the Indian Penal Code, 1860 and Sections 75/104 of the Trade Marks Act, 1999 is hereby quashed.

Consequently, CRR 2950 of 2022 is allowed.

Pending application, if any, is consequently disposed of. All parties shall act on the server copy of this order duly downloaded from the official website of this Court. Urgent photostat certified copy of this order, if applied for, be supplied to the parties upon compliance of all requisite formalities.

(Tirthankar Ghosh, J.)