Madras High CourtCRL OP/9405/2016dismissed

M/S.Medplus Pharmacy v. The State Rep. By

2016-07-05Honourable Mr Justice P. N. Prakash2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 05.07.2016

CORAM

THE HONOURABLE MR.JUSTICE P.N.PRAKASH Crl.OP No.9405 of 2016 and Crl.MP.Nos.4851 & 4852 of 2016

1. M/s.Medplus Pharmacy Unit of Ritemed Pharmacy Retail Pvt. Ltd.

Rep. by its Director Mantena Surendranath No.719, Ground Floor, T.H.Road, New Washermenpet, Chennai-81.

2. Mantena Surendranath

3. P.Srinivas ... Petitioners Vs The State, Represented by Drugs Inspector, Tondiarpet-I Range, O/o. ADDC, DMS Campus, Zone-1, Chennai - 600 006. ... Respondent Prayer:- Criminal Original Petition filed under Section 482 Cr.P.C., to call for the records in C.C.No.646 of 2015 on the file of the XV Metropolitan Magistrate, George Town, Chennai and quash the same in so far as the petitioners/accused 1 to 3 are concerned.

For Petitioners : Mr.B.Jayaraman For Respondent : Mr.C.Emalias, Additional Public Prosecutor

ORDER

This petition has been filed to quash the proceedings in C.C.No.646 of 2015, pending on the filed of the learned XV Metropolitan Magistrate, George Town, Chennai.

2. Heard the learned counsel appearing for the petitioners and the learned Additional Public Prosecutor for the respondent.

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3. When the matter is taken up for hearing, the learned Additional Public Prosecutor submitted that trial in this case has began and witnesses have been examined. He has also produced the adjudication order of the learned XV Metropolitan Magistrate, George Town, Chennai, dated 07.04.2016, which reads as follows :

"Complainant present. A1 to A4 absent.

Petition filed and allowed. A5 present. Witness present. Examined as PW1. Exhibit 1 to 11 marked. Complainant present. Examined as PW2. P12 to P19 marked. For prosecution side evidence closed. For questioning u/s.313 Cr.P.C. c/o. 28-04-2016."

4. That apart, the case is posted for questioning under Section 313 Cr.P.C.

Recording the same, this Criminal Original Petition is dismissed. Consequently, connected miscellaneous petitions are closed.

Sd/- Assistant Registrar(CS VI) //True Copy// Sub Assistant Registrar ds To

1. The Drugs Inspector, Tondiarpet-I Range, O/o. ADDC, DMS Campus, Zone-1, Chennai - 600 006.

2. The Public Prosecutor High Court, Madras.

Crl.OP No.9405 of 2016 NM(CO) CA(18/07/2016) https://hcservices.ecourts.gov.in/hcservices/