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SADHNA RANI ( THAKUR )
Shri Aluddin – Appellant
Versus
State of U. P. – Respondent
JUDGMENT
Mrs. Sadhna Rani (Thakur), J.
Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record.
2. By moving this application prayer is made to quash the summoning order dated 06.01.2023 passed by the learned Additional Sessions Judge, Court No. 1/Special Judge (Drugs and Cosmetic Act) Pilibhit and all the consequential proceedings in Session Trial No. 361 of 2020 (Complaint No. 2000 of 2018), under Sections 16 ,17,18 (b), 27 Drugs and Cosmetic Act 1940, P.S. Puranpur, District Pilibhit.
3. It is argued by the learned counsel for the applicant that previously trial court passed the summoning order dated 12.03.2021, which was quashed by this Court vide order dated 28.09.2022 passed in Criminal Misc. Application under Section 482 Cr. P.C. No. 26823 of 2022. The order was found to be passed without application of judicial mind and matter was remanded back to the trial court to reconsider the matter and pass suitable order in accordance with law.
4. In compliance of the order dated 28.09.2022, trial court passed the summoning order dated 06.01.2023, which is appended at page 39 of the paper book.
5. It is argued by the learned counsel for the appli
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.
Non-compliance with statutory provisions and resignation of the accused from the company absolved him of liability, leading to the quashing of the proceedings.
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.
Point of law: A complaint case under Drugs and Cosmetic Act which is a special act and therefore was filed before the Special Judge. Under Section 244 and 245 of the Cr.P.C. cognizance can be taken a....
Magistrate in summons cases cannot discharge accused or recall summons order post-issuance; remedy is under Section 482 CrPC, not discharge application.
The main legal point established in the judgment is the importance of adhering to the limitation period for filing a complaint and the necessity of impleading responsible persons in a complaint again....
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