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Madras High CourtCRL OP/25879/2017dismissed

M/S.Medplus Pharmacy, Unit Of v. The State Rep. By,

2021-11-29Honourable Mr Justice N. Sathish Kumar3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 29.11.2021 CORAM :

THE HONOURABLE MR. JUSTICE N. SATHISH KUMAR Crl.O.P.No.25879 of 2017 and Crl.M.P.Nos.14928 & 14929 of 2017

1. M/s.Medplus Pharmacy, Unit of Optival Health Solutions Pvt. Ltd., No.65, Ground Floor, Senthil Nagar, 1st Main Road, Kolathur, Chennai - 600 009, Represented by its Director K.Satya Murali Krishna.

2. K.Satya Murali Krishna Director of M/s.Medplus Pharmacy, Unit of Optival Health Solutions Pvt. Ltd., No.65, Ground Floor, Senthil Nagar, 1st Main Road, Kolathur, Chennai - 600 009.

3. P.Appadurai Manager-Operation, M/s.Medplus Pharmacy, Unit of Optival Health Solutions Pvt. Ltd., No.65, Ground Floor, Senthil Nagar, 1st Main Road, Kolathur, Chennai - 600 009.

4. K.Naveen Kumar Person Incharge M/s.Medplus Pharmacy, Unit of Optival Health Solutions Pvt. Ltd., No.65, Ground Floor, Senthil Nagar, 1st Main Road, Kolathur, Chennai - 600 009.

... Petitioners Vs.

The State represented by The Drugs Inspector, Villivakkam Range, Zone-II, Chennai - 600 006.

... Respondent

Prayer:

Criminal Original Petition filed under Section 482 Cr.P.C., to call for the records in C.C.No.2204 of 2015 on the file of the X Metropolitan Magistrate, Egmore, Chennai, and quash the same insofar as the petitioners are concerned. For Petitioners: Mr.E.Kannadasan For Respondent : Mr.R.Kishore Kumar Government Advocate (Crl. Side)

O R D E R

This Criminal Original Petition has been filed to quash the complaint in C.C.No.2204 of 2015 on the file of the X Metropolitan Magistrate, Egmore, Chennai, initiated under the Drugs and Cosmetics Act, 1940.

2.Today, when the matter was taken up for hearing, the learned counsel for the petitioners fairly submitted that, in similar matters, this Court had dismissed the quash petitions, however, granted an order dispensing with the personal appearance of the petitioners before the trial Court, and hence, prayed that the same indulgence may be shown in this matter also.

3.In view of the submission made by the learned counsel for the petitioners, this Criminal Original Petition is dismissed. Consequently, connected miscellaneous petitions are closed. 4.However, the petitioners are at liberty to raise all their defence before the trial Court. The personal appearance of the petitioners/accused before the trial Court is dispensed with, except for receipt of copies, answering the charges, questioning under Section 313 Cr.P.C., passing of judgment, or on any other date as may be required by the trial Court.

Sd/- Assistant Registrar(CS II) //True Copy// Sub Assistant Registrar mkn

To

1. The X Metropolitan Magistrate, Egmore, Chennai.

2. -Do Thro The Chief Metropolitan Magistrate, Egmore, Chennai.

3. The Drugs Inspector, Villivakkam Range, Zone-II, Chennai - 600 006.

4. The Public Prosecutor, High Court, Madras.

+1cc to Mr.E.Kannadasan, Advocate, S.R.No.62072 Crl.O.P.No.25879 of 2017 KSM(CO) CT 13/12/2021