Hasmukhlal D Vora vs State Represented By
2021 Latest Caselaw 17199 Mad

                                                                               Crl.O.P.No.6445 of 2018

                               IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                DATED : 23.08.2021

                                                       CORAM

                             THE HONOURABLE MR. JUSTICE M.DHANDAPANI

                                              Crl.O.P.No.6445 of 2018
                                                        and
                                         Crl.M.P.Nos.3294 & 3295 of 2018

                     1.Hasmukhlal D Vora
                       Proprietor M/s.Chem Pharm,
                       No.3, Jayabharatham Street,
                       Ground Floor, Bloc No.2 (Backside Portion),
                       Kodambakkam, Chennai – 24.

                     2.Nirmal Vora,
                       Person Incharge of M/s.Chem Pharm,
                       No.3, Jayabharatham Street,
                      Ground Floor, Bloc No.2 (Backside Portion),
                      Kodambakkam, Chennai – 24.                            .. Petitioners

                                                         Vs.
                     State represented by
                     The Drugs Inspector,
                     Kodambakkam Range,
                     O/o. The Assistant Director of Drugs Control,
                     Zone II, Chennai – 600 006.                            .. Respondent

                     PRAYER: Criminal Original Petition filed under Section 482 of the Code of
                     Criminal Procedure, to call for the records relating in C.C.No.6351 of 2017
                     pending on the file of the Metropolitan Magistrate – IV, Saidapet, Chennai
                     and quash the same.


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                                                                                    Crl.O.P.No.6445 of 2018

                               For Petitioners              :   Mr.AR.L.Sundaresan, SC
                                                                for M/s.T.D.Selvan Babu

                               For Respondent               :   Mr.C.E.Pratap
                                                                Government Advocate (Crl.Side)

                                                       ORDER

The petitioners have filed this petition seeking to call for the records

in C.C.No.6351 of 2017 pending on the file of the learned Metropolitan

Magistrate – IV, Saidapet, Chennai and quash the same.

2. Though several grounds have been raised by the learned

counsel for the petitioners, however, this Court is of the opinion the issue is a

triable issue and the grounds raised by the counsel for the petitioners are all

factual in nature and it requires appreciation of evidence and this Court

cannot decide the same in exercise of its jurisdiction under Section 482 of

Criminal Procedure Code. It is left open to the petitioners to raise all the

grounds before the Court and the same shall be considered on its own merits

and in accordance with law. This Court is not inclined to interfere with the

proceedings pending before the Court below.

3. It is represented by the learned counsel appearing for the

petitioners that this Court may issue a direction to the Trial Court to expedite

http://www.judis.nic.in Crl.O.P.No.6445 of 2018

the trial and complete the same as early as possible. He would further submit

that the appearance of the petitioners before the Trial Court may be dispensed

with.

4. Accordingly, this petition is disposed of directing the trial

court to dispose of C.C.No.6351 of 2017 as expeditiously as possible as per

seniority of the case. The petitioners are directed to co-operate with the trial

court for the early completion of trial. Further, taking into consideration the

request as made by the learned counsel for the petitioners, their appearance

before the trial court is dispensed with except for their appearance for the

purpose of receiving the copy of the proceedings u/s 207 Cr.P.C., framing of

charges, questioning under Section 313 Cr.P.C. and on the day on which

judgment is to be pronounced. However, if for any particular reason, the

presence of the petitioners is necessary, the trial court, at its wisdom, shall

direct their appearance on those days. Consequently, connected miscellaneous

petitions, if any, are closed.

23.08.2021 Index : Yes/No Internet: Yes/No sk

http://www.judis.nic.in Crl.O.P.No.6445 of 2018

M.DHANDAPANI,J.

Sk

To

1.The Drugs Inspector, Kodambakkam Range, O/o. The Assistant Director of Drugs Control, Zone II, Chennai – 600 006.

2.The Metropolitan Magistrate – IV, Saidapet, Chennai.

3.The Public Prosecutor, High Court, Madras.

Crl.O.P.No.6445 of 2018

23.08.2021

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