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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
RAKESH KAINTHLA
Vijay Laxmi Verma – Appellant
Versus
State of H.P. – Respondent
| Table of Content |
|---|
| 1. substandard drug sample prosecution background. (Para 1 , 2 , 3) |
| 2. procedural defects and co-accused quashing raised. (Para 4 , 6) |
| 3. magistrate cannot discharge or recall summons order. (Para 5 , 8 , 9 , 10 , 11) |
| 4. no discharge remedy in summons cases. (Para 7) |
| 5. co-accused quashing inapplicable; no quashing grounds. (Para 12 , 13) |
| 6. petition dismissed without merits prejudice. (Para 14 , 15) |
The present petition has been filed against the order dated 13.10.2025, passed by the learned Additional Chief Judicial Magistrate, Nadaun, District Hamirpur (learned Trial Court) vide which an application for discharging the applicant (the accused before the learned Trial Court) was dismissed after holding that no such jurisdiction is vested in him. (Parties shall hereinafter be referred to in the same manner as they were arrayed before the learned Trial Court for convenience.)
2. Briefly stated, that facts giving rise to the present petition are that the Drugs Inspector filed a complaint before the learned Trial Court against the accused and other persons asserting that he had inspected the shop being run in the name and style of M/s Shri Medica
In summons cases, post-issuance of summons under Section 204 Cr.P.C., Magistrate cannot entertain discharge or recall order; remedy lies under Section 482 Cr.P.C.
Magistrate in summons cases cannot discharge accused or recall summons order post-issuance; remedy is under Section 482 CrPC, not discharge application.
The Magistrate must provide a reasoned order reflecting application of mind when summoning accused, ensuring sufficient grounds exist for proceeding with the case.
Summoning of accused in a criminal case is a serious matter – Criminal law cannot be set into motion as a matter of course.
In warrant trials not based on police reports, evidence must be led under Section 244 before considering discharge under Section 245 Cr.P.C.
Application which contain some assertion should be verified by person making statements for holding such person responsible regarding its genuineness – However, there is no provision which makes such....
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