Patna High Court - Orders
M/S Torque Pharmaceuticals Pvt. Ltd. vs The State Of Bihar on 20 September, 2013
Author: Shivaji Pandey
Bench: Shivaji Pandey
Patna High Court Cr.Misc. No.37061 of 2013 (3) dt.20-09-2013
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.37061 of 2013
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M/S Torque Pharmaceuticals Pvt. Ltd., having its office at SCO 232, Sector
34A, Chandigarh (Punjab) through its authorised signatory Subhash Kumar
Ishwar, son of Sri Ramakant Ishwar, Resident of Village-Baharaul, Agapur,
P.S. Bachhwara, District- Begusarai.
.... .... Petitioner/s
Versus
The State Of Bihar
.... .... Opposite Party/s
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Appearance :
For the Petitioner/s : Mr. Sehkhar Singh,
Mr. Shree Nivas Madhuvan, Advocate.
For the State : Mr. Rajesh Kumar, A.P.P.
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CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY
ORAL ORDER
3 20-09-2013Heard learned counsel for the petitioner and learned counsel for the State.
In this case, the petitioner is challenging the FIR of Motihari Town P.S. Case No.327 of 2013. It appears that the Executive Magistrate submitted the written report alleging inter alia that on the direction of Sub -Divisional Officer, Sadar he inspected the Hospital where medicines were found kept in the verandah. It is said that the Civil surgeon could not produce any office order to supply the medicines nor these medicines were found to have been recorded in the record of the Hospital. The Magistrate has suspected that there is chance of defalcation of Government money which led to institution of the present case. Counsel for the petitioner Patna High Court Cr.Misc. No.37061 of 2013 (3) dt.20-09-2013 submits no case is made out against the petitioner.
Counsel for the State submitted that the police will make investigation into the allegation made in the FIR and after completion, it will be found out the involvement of the petitioner in the same case.
At this stage, the case is premature and this Court is not inclined to interfere with the FIR. Police is directed to investigate and complete the same without delay.
Counsel for the petitioner submits that the petitioner Company will co-operate in the investigation. It goes without saying that in the event of co-operation, police will examine the material placed by the Company.
With the aforesaid observation this application is disposed of.
Vinay/- (Shivaji Pandey, J)