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2021 Supreme(Kar) 47

H.P.SANDESH
Serdia Pharmaceuticals (India) Private Limited – Appellant
Versus
Union of India, Rep. by Drugs Inspector, Bengaluru – Respondent


Advocates:
Advocate Appeared:
For the Petitioners: Sri. S.S. Nagananda, Sri. S. Sriranga.
For the Respondent: Sri. Madhukar Deshpande.

ORDER :

1. This petition is filed under Section 482 of Cr.P.C. praying this Court to quash the entire proceedings pending before the Special Court for Economic Offences at Bengaluru in Criminal Case No. 189/2019 issuing summons against the petitioner/accused No. 8 and grant such other relief as deems fit in the circumstances of the case.

2. The factual matrix of the case is that the prosecution filed a complaint under Section 200 of Cr.P.C. against accused Nos. 1 to 9 for the offences punishable under Section 27(d) of the Drugs and Cosmetics Act, 1940 (‘D&C Act’ for short). On that basis, criminal case was registered. The accused have challenged the registration of the case earlier before this Court in Crl. Pet. No. 6324/2015. This Court vide order dated 01.07.2019, quashed the proceedings and remitted the matter to consider the complaint afresh from the stage of receiving it from the respondent and proceed thereafter in accordance with law.

3. The complainant who has invoked Section 200 of Cr.P.C. is a public servant and in the complaint an allegation is made that accused No. 1 is the manufacturing unit run under the name and style of M/s. Altra Pharmaceuticals Ltd. engaged in manufa

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