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2024 Supreme(Cal) 860

SHAMPA DUTT (PAUL)
Amaresh Banerjee – Appellant
Versus
State of West Bengal – Respondent


Advocates:
Advocate Appeared:
For the Petitioners: Pampa Dhabal, D. Brahma.
For the Respondents: Binay Panda, Puspita Saha, Ayan Basu, Jay Chakraborty, Sumit Routh.

JUDGMENT :

SHAMPA DUTT (PAUL), J.

1. The present revision has been preferred against an order dated 16.01.2019 passed in Shyampukur P.S. E.B. Case No. 28 of 2009 by the Learned Additional Chief Metropolitan Magistrate, Calcutta under Sections 120B/420 of the Indian Penal Code and 103, 104 of the Trade Mark Act, 1999.

2. The said order is in respect of a prayer for reinvestigation by the defacto complainant vide petition dated 11.04.2016.

3. The Court vide its order dated 16.01.2019 held as follows:

    “..........This Court is of the view that effective investigation has been done in the present case and no worthwhile purpose would be served in directing further investigation as there is mistake of fact. To sum up, there exists no cogent ground to allow the prayer for reinvestigation and accordingly the application dated 11.04.2016 filed by the defacto complainant praying for reinvestigation merits to be rejected.

Hence, it is,

Ordered

That the application dated 11.04.2016 filed by the de facto complainant Amaresh Banerjee praying for reinvestigation of this instant case is considered and rejected.

The FRMF being no. 52/2015 dated 11.07.15 against the accused persons Amal Majumder, Bappa Ghosh,

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