RAVINDRAKUMAR GOEL Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Heard. Admit. Considering the nature of the order proposed to be passed, calling of the R. & P. is hereby dispensed with.

(2.) By the present application in revision, the original accused in R.C.C. No. 237/1996 on the file of the Chief Judicial Magistrate, Gondia, has assailed the order passed by the Court of Session, Gondia allowing an application in revision preferred by the respondent and setting aside dismissal of the said case ordered by the trial Court. The respondent had instituted the said case against the applicants on the accusation of having committed the offences under Sections 18(a)(i) read with Section 16(i)(a) punishable under Section 27(d) of the Drug and Cosmetics Act. The said case was initiated way back on 20.11.1996. It appears that after institution of said case, summons for appearance was not served and as such there arose no occasion for the applicants to appear in said case. Ultimately after the passage of about 16 years vide order dated 23.02.2012 the learned C.J.M. Gondia for reasons recorded therein was pleased to dismiss the said prosecution.

(3.) The respondent assailed said order of dismissal by preferring an application in revision. The said revision was allowed by the Court of Session vide order dated 07.02.2013 after hearing both the sides. By the said order, the order of dismissal passed by the trial Court was quashed and set aside and the matter was remanded back to the Court of Session. The applicant has assailed said order by present application.