Disposed

Ashok C Parekh v. The State Of Bihar

Patna HC20 Mar 2014CR. MISC./54066/2013

Case brief

AI extract

What is this about?

This order directs the petitioner to appear in the pending trial before the Judicial Magistrate, 1st Class, Darbhanga, within six weeks. No coercive steps shall be taken against the petitioner during this period or until surrender, enabling him to contest the petition misbranding charges.

What did the court decide?

No coercive step to be taken against the petitioner for six weeks or until surrender; petitioner directed to appear in trial court.

Ashok C Parekh Vs The State Of Bihar — Bail and Remand | Patna HC (2014)

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IN THE HIGH COURT OF JUDICATURE AT PATNA

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Criminal Miscellaneous No.54066 of 2013

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====================================================== 1. Ashok C Parekh Son Of Sri Champa Lal Parekh Resident Of Plot No.355,Ward No.- 12b, Tagore Road, Gandhi Dham, Gujrat, Who Is Managing Director Of M/S Ankur Chem. Food And Survey No.-369, Vill- Chopadave, Taluka- Bhuchau, Kutch, Gujrat

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1. .... .... Petitioner/s

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Versus

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1. The State Of Bihar .... .... Opposite Party/s

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CORAM: HONOURABLE MR. JUSTICE KISHORE KUMAR MANDAL ORAL ORDER 2 20-03-2014 Heard the parties.

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The petitioner seeks anticipatory bail in a case which is pending trial before the learned Court below vide G.O. Case No. 88 of 2010. On a prosecution report filed by the Food Inspector (Annexure-1), the aforesaid case was initiated wherein the allegation is that the petitioner, who was dealing with manufacturing of herbal shop, has misbranded the product and the same was punishable within the meaning of Section 2(IX)(j) and (K) of the Prevention of Food Adulteration Rules, 1955.

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The order-sheet of the Court below is enclosed as Annexure-3 wherefrom it appears that cognizance was taken in the case on 16.08.2010 whereafter summons followed by bailable as well as non-bailable warrant was/were issued against the petitioner. The matter is pending trial on account of nonappearance of the petitioner.

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Learned counsel for the petitioner submits that

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Patna High Court Cr.Misc. No.54066 of 2013 (2) dt.20-03-2014

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neither the summons nor the bailable or non-bailable warrant was/were ever served/executed on the petitioner. The aforesaid fact is also not borne out from the order-sheet. He, therefore, seeks some protection from this Court enabling him to appear in the said proceeding and contest the prosecution case.

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Having heard the parties, this Court directs the petitioner to appear in the said case pending before the learned Judicial Magistrate, 1^st Class, Darbhanga within six weeks from today. No coercive step shall be taken against the petitioner for the aforesaid period of six weeks and/or until his surrender in the Court, whichever is earlier. It will be open to the petitioner thereafter to pray for bail and to demonstrate that the summons/ bailable/non-bailable warrant issued by the Court was/were never served or executed on/against the petitioner. The application for bail to be filed by the petitioner shall thereafter be considered and disposed of on its own merit in accordance with law.

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The application is disposed of.

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Let the order be communicated through fax to the Court of learned Judicial Magistrate, 1^st Class, Darbhanga in connection with G.O. Case No. 88 of 2010 on depositing fee therefor.

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(Kishore Kumar Mandal, J)

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Pankaj/-

Ashok C Parekh v. The State Of Bihar

Case brief

What is this about?

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Ashok C Parekh v. The State Of Bihar

Case brief

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