KRISHNENDU GHOSH Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) Quashing the proceeding of G.R. Case No. 484 of 2012 under Sec. 63 of the Copyright Act, 1957 pending in the Court of Ld. Chief Judicial Magistrate, Hooghly, is sought for in this application.

(2.) The F.I.R. was lodged on 26/3/2012 by the opposite party no. 2, Ranjeet Sah, Manager Operation, EIPR (I) Ltd. It is alleged that during market survey petitioner was found processing and selling counterfeit Diageo products viz. Johnnie Walker whiskey from his F.L.On Shop at Barrack Road, Chinsurah, Hooghly, without permission and thereby infringed the trademark and trade description of the original brand name of Diageo product.

(3.) After receiving the aforesaid complaint at Chinsurah Police Station the same was registered as Chinsurah P.S. Case No. 157/12 dtd. 26/3/2012 under Sec. 63 of the Copyright Act, 1957. Investigation was conducted and charge sheet was also filed under Sec. 63 of the Copyright Act. Argument pressed on:-