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High Court for State of TelanganaCRLP/894/2023allowed no costs

Alkem Laboratories Ltd v. The State Of Telangana

2023-01-30K.Surender5 pages

[3251 1

IN THE HIGH COURT FOR THE STATE OF TELANGANA"

AT HYDERABAD MONDAY,THE THIRTIETH DAY OF JANUARY TWO THOUSAND AND TWENTYTHREE PRESENT THE HONOURABLE SRI JUSTICE K.SURENDER CRIMINAL PETITION NO: 894 OF 2023 Between:

Alkem Laboratories Ltd, Through the Managing Director, Alkem House, S.B. Marg, Lower Parel, Mumbai 400013.

..PETITIONER/ACCUSED No.6 AND The State of Telangana, rep by Public prosecutor High Court of Telangana Hyderabad Through the Drugs lnspector, Balanagar Zone, Ranga Reddy District ...RESPONDENT/COMPLAINANT Petition under Section 482 of Cr.P.C praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition, the High Court may be pleased to call for the records pertaining to CC No. 822212022 before the Principal Junior Civil Judge-cumVlll Addl. Metropolitan Magistrate, Ranga Reddy Dist. at Kukatpally and quash the same so far as the Petitioner is concerned.

l.A. NO: 'l OF 2023 Petition under Section 482 of Cr.P.C praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition, the High Court may be pleased to dispense with the filing of the Certified Copies of PRC No. 32 of 2014 on the file of the Principal Junior Civil Judge-cum-Vlll Addl. Metropolitan Magistrate, Ranga Reddy Dist. at Kukatpally and Order dI. 31.10.2022 of Principal Junior Civil Judge cum-Vlll Addl. Metropolitan Magistrate, Ranga Reddy Dist. at Kukatpally which the PRC was converted into C.C No.822212022.

l.A. NO: 2 OF 2023 Petition under Section 482 of Cr.P.C praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition, the High Court may be pleased To stay of all further proceedings in CC No. 822212022 on the file of the Principal Junior Civil Judgecum-Vlll Addl. Metropolitan Magistrate, Ranga Reddy Dist. at Kukatpally pending disposal of the said Criminal Petition.

This Petition coming on for hearing, upon perusing the Memorandum of Grounds of Criminal Petition and upon hearing the arguments of Sri M PRATHEEK REDDY, Advocate for the Petitioner and the Addl. Public Prosecutor on behalf of the Respondent. The Court made the following: ORDER

Crl.Pctition No.894 of 2023 THE HONOURABLE SRI JUSTICE K.SURENDER r\ CRIMINAL PETITION No.894 OF 2023 ORDER:

This Criminal Petition is filed under Section 482 of the Code of Criminal Procedure, t973 (for short 'Cr.P.C.) by the petitionerAccused No.6 to quash the proceedings against him in C.C.No.8222 of 2022 pending on the file of Principal lunior Civil Judge cum VIII Additional Metropolitan Magistrate, Ranga Reddy District at Kukatpally. The offence alleged against him is under Section 32(1) of Drugs and Cosmetics Act, 1940.

2.

Heard learned counsel for the petitioner-Accused No.6 and learned Additional Public Prosecutor for the respondent - State. Perused the record.

3. The petitioner is arrayed as Accused No.6-Company. This Court in Criminal Petition Nos.1377 of 2017,9767 of 20t7 and t4798 of 2014 has quashed the proceedings against accused Nos.7, 8 and 9 mainly on the ground that there was a valid license for manufacturing drugs.

\ crl.Petition No.894 of 2023 .

4.

The only allegation made against the petitioner - company and the persons responsible is that they were manufacturing drugs without a valid license. The existence of a valid license was not disputed, on the basis of which proceedings against petitioners - accused Nos.7, 8 and 9 was quashed earlier.

5. Since the proceedings against the persons responsible were already quashed, in view of the petitioner - company holding a valid license, the proceedings against this petitioner are also liable to be quashed.

6.

Accordingly, the Criminal Petition is allowed and the proceedings against the petitioner - Accused No.6 in C.C.No.8222 of 2022 pending on the file of Principal lunior Civil Judge cum VIII Additional Metropolitan Magistrate, Ranga Reddy District at Kukatpally, are hereby quashed. The orders passed by this Court in Criminal Petition Nos.1377 of 2017,9767 of 2Ol7 and L4798 of 2014, shall form part of this order.

Crl.Petition No.894 of 2023 Miscellaneous applications pending, if any, shall stand closed. Sd/.MOHD.ISMAIL ASSISTANT REGISTRAR //TRUE COPY// sec#(Lrrrcea To,

1. The Principal Junior Civil Judge Cum Vlll Additional Metropolitan Magistrate, Ranga Reddy Diskict.

2. Two CC to the Public Prosecutor, High Court for the State of Telangana at Hyderabad. [OUT]

3. One CC to Sri. M.Pratheek Reddy, Advocate [OPUC]

4. Two CD Copies BJLB a\ \- \ I I I

I HIGH COURT DATED:3010112023

ORDER

1*E STAIA It e1 2 3 tEB 2023 c L) cn CRLP.No.894 of 2023 \ii\..

CRIMINAL PETITION IS ALLOWED.

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