M/S. Synokem Pharmaceuticals Ltd. v. The State Rep. By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated : 05.09.2023 Coram:

The Hon'ble Mr.Justice V.SIVAGNANAM Crl.O.P.No.1023 of 2021 1.M/s.Synokem Pharmaceuticals Ltd., Rep. by its Director Thiru.Abhinav Arora Plot No.35-36, Sector - 6A, I.I.E (SIDCUL), Ranipur (BHEL), Haridwar, Uttarkand - 249 403. 2.Thiru.Abhinav Arora

...Petitioners

Versus

The State Rep. by The Drugs Inspector, Thiruvarur Range, Office of the Asst. Director of Drugs Control, Thanjavur Zone, No.2975, Gandhiji Road, Thanjavur - 01.

...Respondent

This Criminal Original Petition is filed under Section 482 of Cr.P.C praying to call for the records and set-aside the order dated 25.01.2020 made in Cr.M.P.No.628 of 2019 in C.C.No.28 of 2016 on the file of the learned Chief Judicial Magistrate, Thiruvarur. For Petitioners :

Mr.C.Muthusarvanan For Respondent :

Mr.L.Baskaran Government Advocate (Crl.Side) 1/5

ORDER

This criminal original petition has been filed by the petitioners seeking to set aside the order dated 25.01.2020 made in Cr.M.P.No.628 of 2019 in C.C.No.28 of 2016 on the file of the learned Chief Judicial Magistrate, Thiruvarur.

2. The learned counsel for the petitioners submitted that the petitioners are A1 & A2 in C.C.No.28 of 2016 on the file of the learned Chief Judicial Magistrate, Thiruvarur. The 1st petitioner company is situated at Haridwar, Uttarkhand and the 2nd petitioner (Director of 1st petitioner company) is also a resident of Haridwar, Uttarkhand State. Hence, the petitioners filed a petition in Cr.M.P.No.628 of 2018 in C.C.No.28 of 2016 praying to dispense with the presence of 2nd petitioner before the trial Court, but, the said petition came to be dismissed on 25.01.2020. Aggrieved over the dismissal of Cr.M.P.No.628 of 2018 in C.C.No.28 of 2016, the petitioners have knocked the doors of this Court with the present petition. 2/5

3. The learned Government Advocate (Crl.Side) appearing for the respondent has not refuted the above submissions made by the learned counsel for the petitioners.

4. Considering the submissions made by the learned counsel for the petitioners and also, taking note of the fact that the Crl.O.P.No.11923 of 2017 filed by the petitioners has been dismissed by this Court, this criminal original petition is allowed and the order dated 25.01.2020 passed by the learned Chief Judicial Magistrate, Thiruvarur in Cr.M.P.No.628 of 2018 in C.C.No.28 of 2016 is hereby set aside.

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To 1.The Chief Judicial Magistrate, Thiruvarur.

2.The Drugs Inspector, Thiruvarur Range, Office of the Asst. Director of Drugs Control, Thanjavur Zone, No.2975, Gandhiji Road, Thanjavur - 01.

3.The Public Prosecutor, High Court, Madras.

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V.SIVAGNANAM, J.

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