Madras High CourtCRL OP/352/2018disposed of

R.Amala D/O.Ramasamy, F/Years v. State Rep By

2021-02-03Honourable Mr Justice N. Anand Venkatesh2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 03.02.2021

CORAM

THE HONOURABLE MR. JUSTICE N. ANAND VENKATESH Crl.O.P No.352 of 2018 and Crl.M.P Nos.117 & 118 of 2018 R.Amala .. Petitioner vs.

State rep. By Deepa Joseph, Drug Inspector, Royepetta Range, O/o. The Assistant Director of Drug Control, Zone III, D.M.S. Campus, 259-261, Annasalai, Teynampet, Chennai .. Respondent PRAYER: Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, to call for records in C.C.No.7860 of 2017 on the file of the IV Metropolitan Magistrate at Saidapet, Chennai and quash the same. For Petitioner : Mr.L.Infant Dinesh For Respondent : Mr.C.Raghavan Government Advocate (Criminal Side)

ORDER

This petition has been filed challenging the proceedings initiated by the respondent against the petitioner under Section 3(b) of the Drugs and Magic Remedies (Objectionable Advertisements) Act, 1954.

2. The grounds raised by the counsel for the petitioner are all factual in nature and it requires appreciation of evidence and this Court cannot decide the same in exercise of its jurisdiction under Section 482 of Criminal Procedure Code. It is left open to the petitioner to raise all the grounds before the Court below and the same shall be considered on its own merits and in accordance with law. This Court is not inclined to interfere with the proceedings pending before the Court below.

3. Accordingly, this Criminal Original Petition is dismissed with a direction to the Court below to complete the proceedings in C.C.No.7860 of 2017 on the file of IV https://hcservices.ecourts.gov.in/hcservices/

Metropolitan Magistrate at Saidapet, Chennai, within a period of three months from the date of receipt of a copy of this order. Consequently, the connected miscellaneous petition is closed.

Sd/- Assistant Registrar(CS III) //True Copy// Sub Assistant Registrar kal To

1. The IV Metropolitan Magistrate at Saidapet, Chennai.

2. The Public Prosecutor, High Court, Madras Crl.O.P No.352 of 2018 and Crl.M.P Nos.117 & 118 of 2018 A.SK(17.02.2021).

https://hcservices.ecourts.gov.in/hcservices/