Disposed

Om Surgical Industries through Its Authorized Signatory Naresh Kumar Goyal v. the State of Jharkhand

Jharkhand HC3 Jul 2024Cr.M.P./568/2019

Case brief

AI extract

What is this about?

Petition to quash criminal proceedings including a cognizance order in a drugs case. The High Court found cognizance was taken mechanically by filling 'cognizance' in a blank and under a definition clause, violating its earlier ruling against composite orders. Cognizance order set aside with liberty to pass a fresh one.

What did the court decide?

Order dated 06.01.2014 taking cognizance set aside; matter remitted to the learned court for a fresh order.

Om Surgical Industries through Its Authorized Signatory… — Quashing and FIR | Jharkhand HC (2024)

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IN THE HIGH COURT OF JHARKHAND, RANCHI

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Cr.M.P. No. 568 of 2019

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Om Surgical Industries through its authorized signatory Naresh Kumar Goyal …Petitioner

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Versus

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The State of Jharkhand

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Drug Inspector, East Singhbhum at Jamshedpur …Opposite Parties

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CORAM: HON'BLE MR. JUSTICE SANJAY KUMAR DWIVEDI

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--For the Petitioner : Mr. Amit Kumar Sinha, Advocate For State : Mr. Sanjay Kumar Pandey, Advocate

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08/03.07.2024 Heard the learned counsel for the petitioner as well as the learned counsel for the respondent State.

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The prayer is made in the petition to quash the entire criminal proceeding passed in connection with GO Case No. 2 of 2014 including the order taking cognizance dated 06.01.2014 pending in the court of learned Judicial Magistrate, 1^st Class, Seraikella.

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Learned counsel appearing for the petitioner submits that the learned court has taken cognizance without applying its judicial mind. He submits that even in the definition clause under the Drugs and Cosmetics Act, 1949 the cognizance has been taken. He further submits that the composite order has been passed which is against the order of this Court passed in the Amresh Kumar Dhiraj & Ors.- versus- State of Jharkhand & Ors , reported in 2020 (1) JLJR 199(Jhr) .

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The Court has perused the cognizance order and find the word “cognizance” has been filled up in a blank space and further cognizance under the definition clause of the said Act is there.

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4. In view of above, the learned court has mechanically passed the order and further this order is composite which is not in parameters as said by this Court in the case of Amresh Kumar Dhiraj & Ors.- versus- State of Jharkhand & Ors, reported in 2020 (1) JLJR 199 (Jhr) as such the order taking cognizance dated 06.01.2014 is set aside . The matter is remitted back to the learned court to pass a fresh order. Accordingly this petition is disposed of.

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(Sanjay Kumar Dwivedi, J.)

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Om Surgical Industries through Its Authorized Signatory Naresh Kumar Goyal v. the State of Jharkhand

Case brief

What is this about?

What did the court decide?

Om Surgical Industries through Its Authorized Signatory Naresh Kumar Goyal v. the State of Jharkhand

Case brief

What is this about?

What did the court decide?

What the court decided

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