M/S.Medplus Pharmacy vs The State Represented By
2021 Latest Caselaw 23345 Mad

                                                                             Crl.O.P.No.25878 of 2017

                                  IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                              DATED : 29.11.2021

                                                      CORAM :

                              THE HONOURABLE MR. JUSTICE N. SATHISH KUMAR

                                           Crl.O.P.No.25878 of 2017 and
                                         Crl.M.P.Nos.14926 & 14927 of 2017

                     1.M/s.Medplus Pharmacy,
                       Unit of Optival Health Solutions Pvt. Ltd.,
                       Door No.22/1, Ground Floor,
                       T.P.Road, Kadaiveethi,
                       Annur, Avanashi Taluk,
                       Coimbatore,
                       Represented by its Whole Time Director
                       K.Satya Murali Krishna.

                     2.Satya Murali Krishna
                       Whole Time Director of
                       M/s.Medplus Pharmacy,
                       Unit of Optival Health Solutions Pvt. Ltd.,
                       Door No.22/1, Ground Floor,
                       T.P.Road, Kadaiveethi,
                       Annur, Avanashi Taluk, Coimbatore.

                     3.M.Ramesh Krishnan
                       Person incharge of the Firm
                       M/s.Medplus Pharmacy,
                       Unit of Optival Health Solutions Pvt. Ltd.,
                       Door No.22/1, Ground Floor,
                       T.P.Road, Kadaiveethi,
                       Annur, Avanashi Taluk,
                       Coimbatore.                                           ... Petitioners

                     Page 1 of 4


https://www.mhc.tn.gov.in/judis
                                                                                    Crl.O.P.No.25878 of 2017



                                                                 Vs.

                     The State represented by
                     The Drugs Inspector,
                     Mettupalayam Range,
                     O/o. The Assistant Director of Drugs Control,
                     Coimbatore Zone,
                     219, Race Course Road,
                     Coimbatore – 18.                                               ... Respondent

                     Prayer: Criminal Original Petition filed under Section 482 Cr.P.C., to call
                     for the records in S.T.C.No.1206 of 2017 on the file of the Judicial
                     Magistrate, Mettupalayam, Coimbatore District and quash the same insofar
                     as the petitioners are concerned.

                                              For Petitioners    : Mr.E.Kannadasan

                                              For Respondent     : Mr.R.Kishore Kumar
                                                                   Government Advocate (Crl. Side)


                                                           ORDER

This Criminal Original Petition has been filed to quash the complaint

in S.T.C.No.1206 of 2017 on the file of the Judicial Magistrate,

Mettupalayam, Coimbatore District, initiated under the Drugs and

Cosmetics Act, 1940.

https://www.mhc.tn.gov.in/judis Crl.O.P.No.25878 of 2017

2.Today, when the matter was taken up for hearing, the learned

counsel for the petitioners fairly submitted that, in similar matters, this

Court had dismissed the quash petitions, however, granted an order

dispensing with the personal appearance of the petitioners before the trial

Court, and hence, prayed that the same indulgence may be shown in this

matter also.

3.In view of the submission made by the learned counsel for the

petitioners, this Criminal Original Petition is dismissed. Consequently,

connected miscellaneous petitions are closed.

4.However, the petitioners are at liberty to raise all their defence

before the trial Court. The personal appearance of the petitioners/accused

before the trial Court is dispensed with, except for receipt of copies,

answering the charges, questioning under Section 313 Cr.P.C., passing of

judgment, or on any other date as may be required by the trial Court.

mkn 29.11.2021

https://www.mhc.tn.gov.in/judis Crl.O.P.No.25878 of 2017

N. SATHISH KUMAR, J.

mkn

Internet : Yes Index : Yes / No Speaking order / Nonspeaking order

To

1.The Judicial Magistrate, Mettupalayam, Coimbatore District.

2.The Drugs Inspector, Mettupalayam Range, O/o. The Assistant Director of Drugs Control, Coimbatore Zone, 219, Race Course Road, Coimbatore – 18.

3.The Public Prosecutor, High Court, Madras.

Crl.O.P.No.25878 of 2017

29.11.2021

https://www.mhc.tn.gov.in/judis