Calcutta High Court (Appellete Side)
Edible Products (India) Limited & Anr vs The State Of West Bengal & Anr on 10 May, 2023
Author: Bibek Chaudhuri
Bench: Bibek Chaudhuri
10.05.2023 Sl. No.19.
D/L. Mithun.
Ct.No.42.
CRR/1435/2023 Edible Products (India) Limited & Anr.
Vs. The State of West Bengal & Anr.
Mr. Sabyasachi Banerjee, Adv.
Mr. Atish Ghosh, Adv.
Mr. Anand Keshari, Adv.
Mr. Arindam Chandra, Adv.
Ms. Sumana Biswas, Adv.
Ms. Antara Dey, Adv.
...for the petitioners.
Supplementary affidavit filed on behalf of the petitioners be kept on record.
The petitioner has approached this Court with a prayer to quash the proceeding in connection with Case No.38 dated 5 th April, 2023 registered in Chitpur Police Station under Sections 63/65 of the Copyright Act, 1957 read with Sections 120B/420 of the Indian Penal Code.
It is the case of the petitioner that the petitioner has business under the brand name of KMP and KMP Ayurvedic. Petitioner No.2 is the Manger of petitioner No.1 company. The petitioner No.1 company carries on its business with valid trade licence, health licence, licence required under the Drugs and Cosmetics Act etc. The opposite party No.2 filed a complaint, on the basis of which the above-mentioned case was initiated alleging, 2 inter alia, that the petitioner has been selling its product in a container, which is deceptively similar with the container used by the opposite party No.2 company.
From the complaint itself, it is ascertained that opposite party's grievance is with regard to design of the container used by the petitioner which has nothing to do with the Copyright Act. If Copyright Act prima facie does not stand, question of cheating by way of criminal conspiracy will also fail.
In view of the case made out by the petitioners, the instant revision is admitted.
The petitioners are directed to serve notice upon the opposite party No.2 under registered speed post with acknowledgment due and file affidavit of service within three weeks from the date of this order.
The State of West Bengal be served through the learned Public Prosecutor, High Court, Calcutta.
In the meantime, the Investigating Officer shall not take any coercive step against the petitioner No.2 or any other officer of petitioner No.1 company till 31 st July, 2023 though they may be examined under Section 41A of the Code of Criminal Procedure.
If the petitioner No.2 or any other Officer of the petitioner No.1 company want to appear virtually before the Investigating Officer, he shall notify the same to the Investigating Officer and Investigating Officer shall consider their prayer favourably and sympathetically.
3( Bibek Chaudhuri, J. )