A petition under Section 482 CrPC seeking to quash proceedings against an accused in a drug supply case. The High Court quashed the proceedings relying on a prior order that quashed similar proceedings against the co-accused.
The criminal proceedings in P.R.C. No.7 of 2014 against the petitioner/Accused No.5 were quashed.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
[32ee ]
IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
WEDNESDAY, THE TWENTY EIGHTH DAY OF JUNE IWO THOUSAND AND TWENTY THREE
PRESENT
THE HONOURABLE SRI JUSTICE E.V. VENUGOPAL
CRIMINAL PETITION NO:1103I OF 2014
Between:
fquralfArora [A.5],S/o Vrlay_[r1 1yArora, aged 33 years, Director, M/s Arbro Pharmaceuticats Limiteo, E_26, Kirti f.f rgri"frl-"-;;"lhi - .l 10 015
AND
...PETITIONERyACCUSED No.5
...RESPONDENTS/DEFACTO COMPLAINANT
Petition under Section.4g2 0f cr.p.c praying 'ietition, that in the circumstances stated in the Memorandum of Grounds or criminar the High court may be. .pleased to quash the proceeding in p.R.c. No.o7 0f 2014 0n the fire Vr Additionar chief [/etronoritan tvragiJtrat", uyo"i"Luo against the petitioner/ Accused No.5
CRLP M P. NO: 10896 0F 2014
Petition under Section - 4 92 0f cr.p.c praying that in the circumstances stated in the Memorandum of Grounds or criminat petition, the High court may !goreaseo to dispense with the firing of tne certirieo copy of compraint p.R.c.No. 07 of 2014 on the fite of Vt Additioial Cnier vetropotii;n N/asi;i;;; i,J;;;;ly Hyderabad.
CRLPMP . NO:110 87 0F 2014
Petition under Section -4-82 of cr.p.c praying that in the circumstances stated in the ,Vremorandum of Grounds of criminar petition, the High court may be pleased to stay a[ further proceedings, incruding appearance of the petitioner /
Accused [,4agistrate,N o.5, Hyderabad cending disposal in PRC No.7 of 2014 an of the the quash file Vl Additional Chief p"tit..- N/etropolitan
This Petition conring on for, hearing, upon perusing the [,4emorandum of Grounds of Crrminal cetllron_a.1! ,pon-'nuJring"the arguments of Sri Sunit Gawasane, Advocate for the petitionur uno rr,,rr. ir. IMuraridhar, Assistant pubric Prosecutor on beharf of the Resporo""i r.io. r"'rnd None appeared for the Respondent No.2.
The Court made the following: ORDER
HON'BLE SRI JUSTICE E.V. VENUGOPAL CRIMINAL PETITION No.11O3 8 0F 2014
ORDER:
This Criminal petition is filed under Section 482 of Cr.p.C. seeking to quash the proceedings in p.R.c.No.7 of 2ol4 on the file of the Iearned VI Additiona.l Chief Metropolital Magistrate, Hyderabad against petitioner/A5 and pass such other order or orders.
2
purchase particulars of the saicl drug and also i,structed to recari the supplies already made. Accordingly, the Drug Inspector found out that A1 company had supplied the srucl medicine on 06.05.2010. Accordingly, due procedure was followed by the Drug Inspector by for-warding the original test repoi:t to Al company and also issued notice to stop the usage of the subje:ct batch of drug. After concluding the investigation, the Drug, Inspector filed complaint arraying A.1 company and A2 to A5, u,ho are the Directors of the said company M/s. Arbro pharmaceuticars Limited.
4' Learned counsel for the petitioner submits that this court vide order dated 28.09.2022 in Criminal petition N,r.11171 ol 2Ol4 quashed the proceedings initiated against accusecl No.4 in P.R.c.No.07 of 2074- He further submits that this petitioner also stands in a similar footing to that of accused No.4 and therefore, seeks to quash the proceedings initiated against him.
3
;
i1
petitioner/A' in p'R'c.No.o7 0f 2014 pending on the of learned ',e VI Additional Chief Metropolitan Magistrate, Hyclerabad are liable to be quashed
6' Accordingly, the criminar petition is ail0wed. Miscerlaneous applications pending, if any, shall stand closed.
7 ' A copy of the order dated 2g.og.2022 passed by this court in Crl.P.No.1 77Zl of 2014 shall form part of this order.
To,
Sd/.MOHD.ISMAIL ASSISTANT REGISTRAR //TRUE COPY// G SECTION OFFICER
HIGH COURT
DATED:2810612023
ORDER
CRLP.No.11038 of 2014
rP r_ !iT.q16 ot\ ii
q
i [t I\u$ 2$n
-''t ,/
*
r',,--;r-r_'-',
:;=:,a-::::-:-"
ALLOWING THE CRL.P.
r\A-
.
a I
2 issues framed by the court
Whether the criminal proceedings against accused No.5 are liable to be quashed based on a prior order quashing similar proceedings against other accused.
Interpretation of allegations leveled against accused as being one and the same in a drug supply case.
1 provisions across 1 enactments
Arora [A.5], S/o Vrlay_1y_Arora
The State of Telangana, Rep by its public prosecutor
Union of India, Rep by its Drugs Inspector
E.V. Venugopal
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
