Rajesh Kumar Arya And ORS. v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.28546 of 2013 Arising Out of PS.Case No. -384 Year- 2010 Thana -PATNA COMPLAINT CASE DistrictPATNA ======================================================

1. Rajesh Kumar Arya

2. Ranjeet Kumar Arya

3. Ranvijay Kumar Arya All S/o Late Hiralal Arya, Resident Of Kulharia Colony, Ashok Raj Path, P.S. Pirbahore, District- Patna .... .... Petitioner/s

Versus

1. The State Of Bihar

2. Vikash Shiromani S/o Not Known To The Petitioner, Drugs Inspector, New Gardener Road Hospital, Income Tax Circle, P.S. Kotwali, DistrictPatna .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Surendra Kishore Thakur For the Opposite Party/s : Mr. Uday Pratap Singh (APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER 25-04-2016 Heard Sri Surendra Kishore Thakur, learned counsel for the petitioners and Sri Uday Pratap Singh, learned A.P.P. The present petition was filed in the month of July, 2013 with a prayer to quash an order dated 27.3.2010 passed by learned Chief Judicial Magistrate, Patna in connection with Complaint Case No. 384(C-2) of 2010. By the said order the learned Magistrate has taken cognizance of offences under Sections 27(d), 28, 28(A), 27(b)(ii) of the Drugs and Cosmetics Act.

Learned counsel for the petitioners submits that in

Patna High Court Cr.Misc. No.28546 of 2013 (2) dt.25-04-2016 2/2 relation to the same offence one F.I.R. was also lodged and subsequently, this complaint petition was filed and the order of cognizance is per- se void.

The Court is of the opinion that the learned Magistrate has passed the order on the basis of the complaint. Apparently, I do not find any error warranting interference. The petition stands dismissed.

(Rakesh Kumar, J) Praful/- U T