Court No. - 64
Case :- APPLICATION U/S 482 No. - 16307 of 2019 Applicant :- M/S Deys Medical (U.P.) Pvt. Ltd. And Anr Opposite Party :- State Of U.P. And Anr Counsel for Applicant :- Ajay Singh,Mr. O.P. Singh, (Sr. Advocate),Ravi Prakash Srivastava Counsel for Opposite Party :- G.A.
Hon'ble Arvind Kumar Mishra-I,J.
Heard learned counsel for the applicants and learned A.G.A. for the State.
By way of the instant application, the applicant has prayed for quashment of the summoning order dated 25.06.2014 issued by the Additional Sessions Judge, Court No.12, Allahabad, District Allahabad and the proceeding in Complaint Case Sp. S.T. No.02 of 2014 (A.K.Murty & others vs. State of U.P.) under sections 18(a)(i) of Drugs & Cosmetic Act, 1940, PS. Naini, District Allahabad.
Contention raised on behalf of the applicants is that the allegations made in the complaint and statement are mischievous and the court below has failed to appreciate the proper facts and circumstances of the case and has wrongly, summoned the applicants under sections 18(a)(i) of Drugs & Cosmetic Act, 1940. The summoning order is illegal and not sustainable and entire proceeding is in abuse of process of the Court as the summoning order is without application of judicial mind passed perfunctorily.
Learned A.G.A. has opposed the prayer for quashment of the summoning order and submitted that the summoning order is just and legal which requires no interference by this Court.
Upon consideration of the facts and circumstances of the case, obviously grave irregularity has been committed to the extent that straightway on stereotyped proforma by filling in the blank space, the summoning of the applicant has been done in this case. How can it be done so casually. Therefore, the summoning order dated 25.06.2014 appears to have been passed by the court below without application of the judicial mind which is liable to be quashed and it cannot be substantial in its present forum.
Thus, in view of above, the summoning order dated 25.06.2014 is quashed. The court below is directed to consider the matter afresh and proceed further in accordance with law. The court below while exercising jurisdiction should apply judicial mind and should not act perfunctorily on stereotyped proforma by issuing summoning order against the applicants.
Consequently, the instant application is allowed.
It is made clear that the observation made in this order shall have no bearing on merit of the case and shall not cause any prejudice to the trial court.
If the other side say opposite party no.2 has any grievance, it may approach this Court by moving application.
Order Date :- 25.4.2019 Rk