AJAY AGRAWAL Vs. KALICHARAN SHIVHARE & ANOTHER

JUDGEMENT

(1.) This petition has been preferred under Section 482 of Cr.P.C. for quashing the order passed in Criminal Revision No.1/2012 on 10.4.2012 by Third ASJ, Shivpuri, dismissing the revision preferred against the order passed by JMFC, Kolaras, in Criminal Case No.727/08 on 13.12.11, whereby charge under Section 420 of IPC has been framed against the petitioner.

(2.) The brief facts of the case are that respondent No.1/complainant filed a private complaint alleging that he runs a medical store in the name and style of Nishant Medical Store. He purchased tablets ciprofloxacin and priprofloxacin from the medical shop which runs by the petitioner in the name and style of Praveeen Medico and Surgico, near Gayatri Temple, Kolaras, vide bill No.109 on 4.10.2006. It is further alleged that on 6.10.2006 Drug Inspector, Shivpuri, inspected the shop of the complainant and took the sample of aforesaid tablets and sent the same for analysis. Upon analysis, it was found that sample was not of standard quality, therefore, the Drug Licensing Authority, Shivpuri, cancelled the drug licence of the complainant/respondent. Then the complainant lodged a written report at City Kotwali, Distt. Shivpuri, and thereafter has filed the private complaint. The learned Magistrate directed the police to hold an enquiry and after enquiry, report was filed, upon which learned Magistrate has taken cognizance against the petitioner under Section 420 of IPC. The petitioner appeared before the learned trial Court and the learned trial Court after recording the statements of complainant and his witnesses under Section 244 of Cr.P.C., framed charge under Section 420 of IPC against the petitioner. The petitioner preferred revision in the Sessions Court against framing of charge which was dismissed by the learned ASJ. Being aggrieved, this petition has been filed.

(3.) It is submitted by the learned counsel for the petitioner that order passed by the Courts below is neither legal nor just, hence, liable to be set aside. Prima facie no offence under Section 420 of IPC is made out against the petitioner. The licence No.173/97-B-174/97 belongs to Dr. Smt. Sita Goyal who categorically stated in the Court that she does not know the petitioner and she runs a medical store in the name and style of Praveen Medico and Surgico Kolaras, Distt. Shivpuri. She has also stated that petitioner has never conducted any business on her behalf. It is further submitted that bill number is not printed on the alleged bill and the same is written in the handwriting of a person and it is also not proved that said handwriting belongs to the petitioner. From the evidence adduced by the complainant, it is not proved that petitioner sold any tablets to him. The alleged bill was forged by the complainant himself. It is further submitted that complainant has been prosecuted in two cases bearing Nos.1162/2007 and 1460/2007 in the Court of CJM, Shivpuri, initiated on the complaint of Drug Inspector for selling substandard tablets. In these cases, petitioner was not arrayed as an accused and complainant filed an application under Section 319 of Cr.P.C. and under Section 32-A of the Drugs and Cosmetics Act for arraying the petitioner as an accused. Since the applications were allowed by the CJM,Shivpuri, in both the cases, petitioner preferred separate criminal revisions No.113/10 and 114/10 in the Court of Sessions Judge, Shivpuri. The learned ASJ, Shivpuri, vide order dated 6.10.10 allowed the revisions and dismissed the applications. Despite the above fact, the petitioner is being harassed unnecessarily by the complainant by filing a false complaint. By placing reliance on P.Vijayan v. State of Kerala and Anr., 2010 AIR(SC) 663 and Dilawar Balu Kurane v. State of Maharashtra, 2002 SCC(Cri) 310, it is submitted that no prima facie case is made out against the petitioner. It is prayed that the orders passed by both the Courts below be set aside.