M/S Embark Life Science Private Ltd. And ANR v. The State Of Bihar Through The S.P. Bhagalpur And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Writ Jurisdiction Case No.892 of 2014 Arising Out of PS. Case No.-419 Year-2014 Thana- BARARI District- Bhagalpur ====================================================== 1.

M/s Embark Life Science Private Ltd. and Anr null through its Director Suresh Lal Santuka, S/o Late Kedar Nath Santuka, R/o - 49, Bhagirath Kunj, P.S. - Gangnahar Kotwali, Roorkee, District- Haridwar, Uttarakhand. 2.

Suresh Lal Santuka, Son of Late Kedar Nath Santuka, R/o - 49, Bhagirath Kunj, P.S. - Gangnahar Kotwali, Roorkee, District- Haridwar, Uttarakhand, Director M/S Embark Life Science Private Ltd, having its registered Office at 160, Nalhera Anantpur, Puhana - Iqbalpur Road, Roorkee- 247667 Uttarakhand.

... ... Petitioner/s

Versus

1.

The State Of Bihar Through The S.p. Bhagalpur and Anr 2.

Tripurari Kumar Son of Bacchu Prasad General Manager, Bihar Medical Services and Infrastuture Corporation Ltd, 5th Floor, BISCOMAN Bhawan, Gandhi Maidan, P.S. Gandhi Maidan, District- Patna. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Rajeev Kumar Singh For the Respondent/s :

Mr. SC 27 Mr. Vishwaranjan Choudhary, AC to SC 27 Mr. Sunil Kumar Singh No. 10, AC to SC 27 ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 20-02-2023 Heard the learned counsel for the parties.

This application has been filed on behalf of the petitioners for quashing of the F.I.R. bearing Kotwali (Barari) P.S. Case No. 419 of 2014.

The F.I.R. was lodged against the petitioners with regard to the drug Lignocaine HCL with Adrenaline Injection30 m.l. It has been reported by the Superintendent of Police

Patna High Court CR. WJC No.892 of 2014(14) dt.20-02-2023 2/2 Bhagalpur that from injection one patient has died due to adverse effect of the injection.

Paragraph 14 of the quashing petition reads as follows:- That on 25.03.2014 the abovesaid lab has submitted the report of analysis in a Form-39 declaring the said injection is not of standard quality.

Considering the fact that the sample has failed the lab test, this is not a fit case for quashing and accordingly, this application is dismissed.

The interim order of stay is withdrawn.

Let a copy of this order be communicated to the Senior Superintendent of Police, Bhagalpur through FAX and e-Mail for its compliance forthwith.

The investigation of the case and further proceedings shall continue and it is expected that the investigation shall be completed within three months from the receipt of copy of this order.

With the aforesaid directions, this application is dismissed.

(Sandeep Kumar, J) Vikas/Shishir U