Uttarakhand High Court
C482/1277/2022 on 7 September, 2022
Office Notes, reports,
orders or proceedings
SL.
Date or directions and COURT'S OR JUDGES'S ORDERS
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Registrar's order with
Signatures
C-482 No.1277 of 2022
Hon'ble Sharad Kumar Sharma, J.
Mr. Ganesh Kandpal, Advocate for the
applicant.
Mr. Siddhartha Bisht, Brief Holder for the
State of Uttarakhand.
The brief facts of the case are that as against
the order passed on 17.06.2019 under Sections
17(c), 18 (a)(i) to be read with Section 27(d) of The
Drugs and Cosmetics Act, 1940, a revision was
preferred before the court of Additional Sessions
Judge, Bageshwar, against the order of 17.06.2019.
The revisional court vide its judgment and order
dated 18.02.2020 had allowed the revision and has
remitted the matter back to the trial court to hear the
parties and to pass a fresh order in accordance with
law.
Consequently, the effect of order of
18.02.2020, would be only remitting the matter
back to the court of Chief Judicial Magistrate, to
reconsider the proceedings afresh. The order of the
revisional court dated 18.02.2020, has attained
finality. As a consequence of revival of the
proceedings before the court of the Chief Judicial
Magistrate, Bageshwar, he had proceeded to deal
with the Criminal Case No.362 of 2015 Drugs
Inspector vs. Gopal Manjal and others and had
decided the same by the judgment of 21.04.2022.
Consequently resulting into deciding the application
Paper No.58 Ka, 73 Ka, 106 Ka and Paper No.93
Ka, the objection which were filed by the other side
on the said application.
The court of Chief Judicial Magistrate re-
consider the matter and decided the same afresh by
rejecting the application Paper No.58 Ka, 73 Ka,
106 Ka and the objection Paper No.93 Ka was
allowed. The order passed by the court of Chief
Judicial Magistrate, Bageshwar on 02.05.2022
deciding the aforesaid application will be altogether
a fresh cause of action for the reason being that, it
will be a fresh adjudication of the aforesaid
applications for the reason which has been given by
the court of Chief Judicial Magistrate in its order of
02.05.2022.
Being aggrieved against the order of
02.05.2022, a Criminal Revision No.04 of 2022,
Gopal Munjal vs. State of Uttarakhand which was
preferred before the Additional Sessions Judge,
Bageshwar. The court of Additional Sessions
Judge, Bageshwar vide its judgment dated
04.07.2022, which is impugned in the present C-
482 application had dismissed the revision on the
premise, that treating the Criminal Revision No.4 of
2022 as to be a second revision, which would be
barred by the provisions contained under Section
397 of the Cr.P.C.
The view taken by the revisional court while
dismissing the revision as against the order of
24.04.2022, it had rather misconstrued the
provisions contained under Section 397 of Cr.P.C.
because the earlier adjudication made in the
Criminal Revision vide its decision of 18.02.2020,
would not be a re-occurrence of the proceedings
challenging the order of 18.02.2020, ultimately
when after a remand the decision was taken afresh
on 21.04.2022, by the Chief Judicial Magistrate,
Bageshwar, because this order would be absolutely
altogether a fresh cause of action, which would be
revisable under Section 397 of Cr.P.C. Hence, the
view taken to the contrary by the court, as if the
subsequent revision being Revision No.04 of 2022,
being a second revision to the principal cause of
action is absolutely a misnomer because the
subsequent decision of the 21.04.2022, will be
altogether a fresh action for any party, who is
affected or likely to be affected, by the order to
avail his remedies provided under law which was
resorted to by the present applicant by preferring a
Revision No.362 of 2015, which has been
dismissed on the aforesaid erroneous grounds.
In that eventuality, this C-482 application is
allowed. The revisional court's order/judgment
dated 04.07.2022, as rendered in Criminal Case
No.04 of 2022, would hereby stands quashed. The
matter is remitted back to the revisional court, to re
decide the Criminal Revision No.04 of 2022 Gopal
Munjal Vs. State of Uttarakhand and Others afresh
on its own merits.
Accordingly, the aforesaid C-482 application
stands allowed with a direction of remand to
revisional court for a fresh decision in the revision
on merits, preferred as against the order of
21.04.2022 rendered in Criminal Case No.362 of
2015 Drug Inspector vs. Gopal Munjal and others.
(Sharad Kumar Sharma, J.)
07.09.2022
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