C528/1528/2025
2025 Latest Caselaw 4533 UK

Uttarakhand High Court

C528/1528/2025 on 22 September, 2025

Author: Alok Kumar Verma

Bench: Alok Kumar Verma

                    Office Notes,
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         Date       or directions                 COURT'S OR JUDGES'S ORDERS
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      22.09.2025                     C528 No.1528 of 2025
                                     Hon'ble Alok Kumar Verma, J.

The present Application under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 has been filed for quashing the charge-sheet dated 26.04.2024, cognizance order dated 27.04.2024 and the entire proceedings of Special Sessions Trial No.409 of 2024, pending before the court of Special Sessions Judge, Rudrapur, District Udham Singh Nagar under Sections 274, 275, 276, 34, Section 420 of the Indian Penal Code, 1860, Section 27(b)(ii) and Section 27(c) of the Drugs and Cosmetics Act, 1940 (in short, "Act, 1940").

2. Heard Mr. Birendra Singh Adhikari, learned counsel for the applicants and Mr. Pradeep Lohani, learned Brief Holder for the respondents.

3. Mr. Birendra Singh Adhikari, Advocate, contended that it is not open to the Police Office to submit a report under Section 173 of the Code of Criminal Procedure in regard to an offence under Chapter IV of the Act under Section 32 of the Act, 1940. Only the persons mentioned in Section 32 of the Act, 1940 are entitled to prosecute offenders.

4. Mr. Birendra Singh Adhikari, Advocate, has relied upon a judgment of the Hon'ble Supreme Court in "Union of India vs. Ashok Kumar Sharma and Others", (2021) 12 SCC 674.

5. Learned counsel for the respondents has sought two weeks' time to file counter affidavit.

6. Time is granted.

7. List on 27.10.2025. Till then, the further proceedings of the said Special Sessions Trial No.409 of 2024 are stayed qua the applicants Arun Kumar, Arun alias Rajendra Singh and Deepak Chaudhary.

(Alok Kumar Verma, J.) 22.09.2025

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