Disposed

Abhishek Patel and Another v. State of U.P. and Another

Allahabad HC31 Oct 2025NA528/42388/2025

Case brief

AI extract

What is this about?

Applicants sought quashing of a summoning order under the Drugs and Cosmetic Act in a complaint case; the same summoning order had already been set aside by the High Court in proceedings by a co-accused with the matter remitted for a fresh order. The Court disposed of the application, directing the trial court to comply with the earlier order.

What did the court decide?

Application disposed of with observation that no further quashing was required; trial court directed to comply with the earlier order dated 2.7.2025.

Abhishek Patel and Another vs State of U.P. and Another — Quashing and FIR | Allahabad HC (2025)

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HIGH COURT OF JUDICATURE AT ALLAHABAD

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APPLICATION U/S 528 BNSS No. - 42388 of 2025

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Abhishek Patel And Another

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.....Applicant(s)

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Versus

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State of U.P. and Another

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.....Opposite Party(s)

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Counsel for Applicant(s)	: Ray Sahab Yadav
Counsel for Opposite Party(s)	: G.A.
Court No.- 76

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HON'BLE VIKRAM D. CHAUHAN, J.

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Heard learned counsel for applicants and learned AGA for the State.

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The application has been filed for quashing the summoning order dated 22.04.2024 passed by learned court of Chief Judicial Magistrate, Allahabad in Complaint Case No. 12202 of 2024 (State Versus Raghvendra singh alias Rahul and others) under Sections 18(c) / 27 (b), 18-A/28, 18(a)(i)27(b), 27 (c) & 27(d) of the Drugs and Cosmetic Act, 1940 pending in the court of learned Chief Judicial Magistrate, Allahabad.

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It is submitted by learned counsel for applicants that summoning order dated 22.4.2024 has been set aside by order dated 2.7.2025 of this Court passed in Application U/s 528 BNSS No.13646 of 2025 (Dileep Patel Vs. State of U.P. and another).

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Para 12 of the aforesaid order is quoted hereinbelow:

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"12. Looking into the overall facts and situations and applying the principles of law in the case of J.M Laboratories (Supra) in the facts of the case, irresistible conclusion stands drawn that the summoning order cannot be sustained being berefit of any reason. Accordingly, the present application is being decided in the following terms:

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a. The summoning order dated 22.04.2024 passed in complaint case no. 12202 of 2024 (State of U.P. vs. Raghvendra Singh alias Rahul and Ors) U/s 18(c)/ 27(b), 1819/28, 18(a)(i)/27 (b) 27 (c) & 27 (d) of Drugs and Cosmetic Act, 1940, P.S. Kotwali, District Prayagraj is set aside.

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b. The matter stands remitted back to the court below to pass a fresh order strictly in accordance with law.

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NA528 No. 42388 of 2025

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c. For early disposal, the certified copy of the order be furnished before the court below by 25.07.2025.

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d. The passing of the order may not construed to the expression that this court has adjudicated the matter on the merits. However the court below is to pass an order strictly in accordance with law."

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Once the impugned order dated 22.4.2024 has already been set aside by order dated 2.7.2025 of this Court in earlier proceedings filed by co-accused, further quashing of the summoning order at the behest of applicant is not required, as the earlier order dated 2.7.2025 has completely set aside the order dated 22.4.2024.

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As such, present application under Section 528 BNSS is disposed off with the aforesaid observation. The trial court is directed to comply with the earlier order dated dated 2.7.2025 of this Court.

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October 31, 2025

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D. Tamang

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(Vikram D. Chauhan,J.)

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Digitally signed by :- DHIRENDRA TAMANG High Court of Judicature at Allahabad

Abhishek Patel and Another v. State of U.P. and Another

Case brief

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Abhishek Patel and Another v. State of U.P. and Another

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