Jyoti Sharma and Another v. State of U.P. and Another
Case brief
What is this about?
This Court disposed of a Section 482 application wherein the applicant sought quashing of a summoning order under Sections 18(b), 24, and 28 of the Drugs and Cosmetic Act, 1940, on grounds that the complaint was filed after the limitation period prescribed under Section 468 Cr.P.C. had expired.
What the court decided
Court No. - 68
Case :- APPLICATION U/S 482 No. - 43691 of 2022
Applicant :- Jyoti Sharma And Another Opposite Party :- State of U.P. and Another Counsel for Applicant :- Akhilesh Chandra Shukla Counsel for Opposite Party :- G.A.
Hon'ble Mrs. Manju Rani Chauhan,J.
Heard Mr. Akhilesh Chandra Shukla, learned counsel for the applicants as well as learned A.G.A. for the State and perused the record.
The present application u/s 482 Cr.P.C. has been moved with prayer to quash the impugned summoning order dated 23.12.2019 passed by C.J.M. Baghpat in Complaint Case No.4919 of 2019, under Sections 18(b), 24, 28 of Drugs and Cosmetic Act, 1940, Police Station Baghpat, District Baghpat as well as the entire proceedings of the aforesaid case and further prayed to pass an interim order staying the further proceedings of the aforesaid case.
It is submitted that incident took place on 27.03.2017 in which some medicines were taken into possession by the Drug Inspector, which was sent for analysis to Government Analyst and the report was received on 15.04.2017 regarding which a complaint was filed on 23.12.2019 and the same was registered and, thereafter, applicant was summoned by order dated 23.12.2019 against which this applicant moved before this Court. Further submitted that in this case the complaint was filed after lapse of limitation as provided u/s 468 Cr.P.C. which is as under :-
"468. Bar to taking cognizance after lapse of the period of limitation.
Issues for consideration
1 issue framed by the court
Whether the summoning order is maintainable given the lapse of limitation period under Section 468 Cr.P.C.
Parties & counsel
- applicant
Jyoti Sharma
Coram
Manju Rani Chauhan
Jitendra Kumar Yadav
Case details
As recorded by the court registry
- Court
- Allahabad HC
- Decided on
- · April
- Registered
- Case no.
- A482/43691/2022
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