Kameshwar Mishra vs The State Of Jharkhand
2022 Latest Caselaw 383 Jhar

                  IN THE HIGH COURT OF JHARKHAND, RANCHI
                            Cr.M.P. No. 2371 of 2021
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Kameshwar Mishra, aged about 57 years, s/o Mahendra Mishra, authorized representative M/s Alive Health Care, having its office at 123, HPSIDC, Baddi, PO and PS Baddi, Dist. Solan-173205 Himachal Pradesh..... Petitioner

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1.The State of Jharkhand

2.Drug Inspector (Ranchi-I, Jharkhand), Bariatu, PO and PS Bariatu, District Ranchi-834009 ...... Opposite Parties

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CORAM: HON'BLE MR. JUSTICE SANJAY KUMAR DWIVEDI

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          For the Petitioner :- Mr. Shailesh, Advocate
          For the State      :- Mr. Ravi Prakash, Spl.PP
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4/10.02.2022 This petition has been heard through Video Conferencing in view of the guidelines of the High Court taking into account the situation arising due to COVID- 19 pandemic. None of the parties have complained about any technical snag of audio-video and with their consent this matter has been heard.

This petition has been filed for quashing the orders dated 16.01.2016 whereby bailable warrant and dated 2.6.2016 whereby non bailable warrant and dated 2.5.2017 whereby process under section 82 Cr.PC have been issued against the petitioner in connection with Drugs and Cosmetics Complaint Case No.C-III 13/14, pending in the court of learned A.J.C.-II, Ranchi.

Learned counsel for the petitioner submits that only company is made accused in the complaint petition and without execution of report, these orders have been passed. He further submits that section 82 Cr.PC order is also not as per the parameters of law laid down by this Court in several judgments.

Mr. Ravi Prakash, the learned counsel for the State submits that nobody has appeared on behalf of the company and that is why these orders have been passed.

On perusal of the record it appears that without execution of the report of any of the summons and bailable warrant these orders have been passed and the order passed under section 82 Cr.PC is also not in accordance with law.There is no satisfaction recorded by the learned court and in a mechanical manner this order has been passed.

Accordingly, orders dated 16.01.2016 whereby bailable warrant and dated 2.6.2016 whereby non bailable warrant and dated 2.5.2017 whereby process under section 82 Cr.PC have been issued against the petitioner in connection with Drugs and Cosmetics Complaint Case No.C-III 13/14, pending in the court of learned A.J.C.-II, Ranchi is hereby quashed.

The company shall authorize a person under section 305 Cr.PC to appear in the concerned court on or before 14.3.2022.

Disposed of.

( Sanjay Kumar Dwivedi, J)

SI/