Jagannath Dutta v. The State Of West Bengal And ANR

28.11.2025 Sl. No.8.

D/L.

Mithun.

Ct.No.29.

CRR/4803/2025 With IA No: CRAN 1 of 2025 Jagannath Dutta Vs.

The State of West Bengal & Anr.

Mr. Dattatreya Dutta ...for the petitioner Mr. S. Sarkar ...for opposite party no.2.

Mr. Debasish Roy, Ld.P.P., Mr. Suman De, Mr. Anand Keshari ...for the State This is an application wherein petitioner has prayed for quashing of Hura Police Station Case No.118 of 2024 dated 02.09.2024 corresponding to G.R. Case No.1682 of 2024 presently pending before the learned Chief Judicial Magistrate, Purulia.

The allegation levelled against the petitioner is that the company of the complainant/opposite party is the authorized manufacturer and seller of JINDAL MARK TMT Bar products in West Bengal. Thereafter, it came to the knowledge of the opposite party no.2 that the petitioner's company are illegally engaged in the manufacturing and sale of counterfeit JINDAL MARK TMT Bar products and thereby deceiving the consumers and infringing upon the exclusive rights held by the company of the opposite party no.2.

However, during investigation, it revealed that the petitioner unauthorisedly sold TMT Bar outside West Bengal due to ignorance that such product cannot be sold by them beyond the territory of the State.

Thereafter, the matter has been amicably settled and the entire payment along with GST has been made by the petitioner in favour of the opposite party no.2 and thereby they have amicably filed CRAN 1 of 2025 signed by both the parties.

From the aforesaid connected application it appears that both the parties have entered into a genuine settlement and the complainant had decided not to adduce evidence against the petitioner in support of the imputation levelled in the FIR.

In such circumstances, I find that the continuance of a facade trial before the Court below will be a mere abuse of the process of the Court. Furthermore, due to amicable settlement, there is hardly any chance of conviction of the present petitioner at the end of trial. Having considered the above-mentioned facts and circumstances of the case, the application being CRR 4803 of 2025 along with CRAN 1 of 2025 are allowed.

The instant proceeding being G.R. Case No.1682 of 2024, presently pending before learned Chief Judicial Magistrate, Purulia is hereby quashed.

Parties to act on a server copy of this order duly collected from the official website of the Hon'ble High Court, Calcutta. ( Dr. Ajoy Kumar Mukherjee, J. )