RAJIV RANA Vs. STATE OF H.P.

JUDGEMENT

(1.) The present petition has been filed against the order dtd. 8/8/2025, passed by learned Additional Chief Judicial Magistrate, Nadaun, District Hamirpur, H.P. (learned Trial Court) vide which an application seeking discharge of the applicant (the accused before the learned Trial Court) was dismissed on the ground that no such jurisdiction is vested in the Magistrate. (Parties shall hereinafter be referred to in the same manner as they were arrayed before the learned Trial Court for convenience.)

(2.) Briefly stated, the facts giving rise to the present petition are that the Drugs Inspector filed a complaint before the of learned Trial Court against the accused and other persons asserting that he had inspected the shop being run in the name rt and style of M/s Shri Shri Medical Store, situated opposite the Bus Stand Nadaun, District Hamirpur (HP) and obtained the samples of Chlorpheniramine Maleate Tablets for analysis.

(3.) The accused appeared before the learned Trial Court and filed an application seeking his discharge. Learned Trial Court held that it had no jurisdiction to discharge a person in a summons case.