Madras High Court
M/S.Medplus Pharmacy vs The Tamil Nadu State Represented By on 28 August, 2019
Author: N. Anand Venkatesh
Bench: N. Anand Venkatesh
Crl.O.P.No.22128 of 2019
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 28.08.2019
CORAM
THE HONOURABLE MR. JUSTICE N. ANAND VENKATESH
Crl.O.P No.22128 of 2019 and
Crl.M.P.Nos.11471 and 11472 of 2019
1.M/s.Medplus Pharmacy
Unit of Optival Health Solutions Pvt ltd.,
Door No.22/1, Ground floor, T.P.Road,
Kadaiveethi, Annur, Avinashi TK,
Coimbatore-641 653.
Rep. by its Whole time Director
K.Satya Muralikrishna
2.K.Satya Murali Krishna
Whole time Director
Medplus pharmacy
Unit of Optival Health Solutions Pvt ltd.,
Door No.22/1, Ground floor, T.P.Road,
Kadaiveethi, Annur, Avinashi TK,
Coimbatore-641 653. ... Petitioners
vs.
The Tamil Nadu State represented by
Drugs Inspector, Mettupalayam Range,
O/o The Assistant Director of Drugs Control,
Coimbatore Zone,
No.219, Race Course Road,
Coimbatore-18. ... Respondent
PRAYER: Criminal Original Petition filed under Section 482 of the Code of Criminal
Procedure, praying to call for the Records in STC.No.6340 of 2017 on the file of the
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Crl.O.P.No.22128 of 2019
learned District Munsif cum Judicial Magistrate, Mettupalayam, and to quash the
proceedings as far as these petitioners are concerned.
For Petitioners : Mr.M.Mohammed Rafi
For Respondent : Mr.M.Mohamed Riyaz
Additional Public Prosecutor
ORDER
This petition has been filed to call for the Records in STC.No.6340 of 2017 on the file of the learned District Munsif cum Judicial Magistrate, Mettupalayam, and to quash the proceedings as far as these petitioners are concerned.
2. The various grounds raised by the learned counsel for the petitioners are all factual in nature and the same requires appreciation of evidence in the course of the trial and the said exercise cannot be done by this Court in exercise of its jurisdiction under Section 482 of Cr.P.C. It is left open to the petitioners to raise all the grounds before the Court below and the Court below shall consider the same on its own merits and in accordance with law. This Court does not want to interfere with the proceedings at this stage.
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3. The learned counsel for the petitioners requested this Court to dispense with the presence of the petitioners. Taking into consideration, the facts and circumstances of the case, the presence of the petitioners is dispensed with and they shall be represented by their counsel, who shall cross examine the witnesses on the same day, they are examined in Chief. The petitioners shall be present before the Court below at the time of questioning under Section 313 Cr.P.C. and at the time of passing of the final judgement.
4. This Criminal Original Petition is disposed of with a direction to the Court below to complete the proceedings in S.T.C.No.6340 of 2017, on the file of the District Munsif cum Judicial Magistrate, Mettupalayam, within a period of three months from the date of receipt of copy of this order. The Court below is also directed to furnish a copy of all the documents filed along with the complaint to the learned counsel appearing for the petitioners. Consequently, connected miscellaneous petitions are closed.
28.08.2019
Index : Yes/No
Internet : Yes/No
Speaking Order/Non-Speaking Order vs http://www.judis.nic.in 3/4 Crl.O.P.No.22128 of 2019 N. ANAND VENKATESH, J., vs To
1.The District Munsif cum Judicial Magistrate, Mettupalayam.
2.The Tamil Nadu State represented by Drugs Inspector, Mettupalayam Range, O/o The Assistant Director of Drugs Control, Coimbatore Zone, No.219, Race Course Road, Coimbatore-18.
3.The Public Prosecutor, High Court of Madras, Madras.
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