ZEE LABORATORIES Vs. DRUG INSPECTOR

JUDGEMENT

(1.) The very same petitioners, a pharmaceutical firm represented by its partner and one of its partners, are before this Court with these Criminal M.Cs. seeking to quash entire proceedings in CC No.2319/2015 on the files of the Judicial First Class Magistrate's Court, Kuthuparamba, CC No.366/2014 on the files of the Judicial First Class Magistrate's Court-I, Kannur, CC No.2196/2015 on the files of the Judicial First Class Magistrate's Court-I, Kozhikkode, ST No.230/2016 on the files of the Judicial First Class Magistrate's Court-I, Sulthan Bathery and ST No.51/2016 on the files of the Judicial First Class Magistrate's Court, Mattancherry, respectively, under Section 482 Cr.PC.

(2.) Although many contentions have been raised by the petitioners herein to quash the entire proceedings under Section 482 Cr.PC; the main focus with which this Court is presently concerned with is non-compliance of Section 202(1) Cr.PC; which reads thus:-

(3.) The Honourable Supreme Court has in a number of decisions in Vijay Dhanuka and Others v. Najima Mamtaj and Others [(2014) 14 SCC 638] Abhijit Pawar and v. Hemant Madhukar Nimbalkar and Another [(2017) 3 SCC 528] Birla Corporation Ltd. and Another Adventz and v. Investments and Holdings Ltd. and Others [2019 KHC 6559] held that compliance of Section 202(1) Cr.PC is mandatory. Following the aforesaid decisions, this Court had as per order dated 22.8.2019 in Crl.MC Nos. 5707 and 5713 of 2019 filed by the very same petitioners herein, set aside the orders issuing process and quashed non bailable warrants and remanded the matter back to the court below.