KESHAV KUMAR Vs. STATE OF U.P.

JUDGEMENT

(1.) We have heard Shri Nitin Bhasin, holding the brief of Shri Jitendra Pal Singh Jadaun, learned counsel for the petitioners, learned counsel for the informant, and Shri G.P. Singh, learned AGA for the State Respondents, and perused the record.

(2.) The present writ petition has been preferred to quash the impugned First Information Report dtd. 30/7/2023 as Case Crime No.419 of 2023, under Ss. 420, 467, 468, 471, 504, 506 IPC, registered at P.S. Deoband, District Saharanpur, and for a direction to the respondent police not to arrest the petitioners till the pendency of the present petition. For clarity, the relevant portion of the prayer is underlined herein:

(3.) The prosecution case is that the respondent no.4/complainant is in the health care business and had purchased 2000 injections from VADSP Pharmaceuticals, a third-party manufacturer company of the medicines. The said injections are used to develop antibiotics in children. After purchasing, the said injections were delivered for sale to Rastogi Hospital, Railway Road, Deoband, besides certain other medicines. After the use of the said injections, the doctor complained about the quality of the injections and stated that they are substandard and that if said injections are used, they could be injurious to the health of the children and pose a potential threat to their lives. The complainant immediately took back the entire stock from their distributors and hospitals and informed the accused-persons. The accused-persons/petitioners had clandestinely shown all parameters as correct in a certificate delivered along with the injections. The complainant also conducted a lab test from the Scientific Testing Lab, Roorki, Haridwar on 19/9/2022, which suggests the sample of the injections failed. The petitioners were again informed about the substandard quality of the injections through e-mail. The petitioners again sent a DN Laboratory Report dtd. 26/9/2022, showing the report as per standard. The test report of the complainant did not match the test report supplied by the petitioners to the complainant. The complainant has fraudulently prepared and managed a test report dtd. 26/9/2022 issued by DN Laboratory to justify the quality of the injections. The impugned FIR was registered against the petitioners on the preceding set of allegations.