VIJAY LAXMI VERMA Vs. STATE OF H.P.

JUDGEMENT

(1.) The present petition has been filed against the order dtd. 13/10/2025, passed by the learned Additional Chief Judicial Magistrate, Nadaun, District Hamirpur (learned Trial Court) vide which an application for discharging the applicant (the accused before the learned Trial Court) was dismissed after holding that no such jurisdiction is vested in him. (Parties shall hereinafter be referred to in the same manner as they were arrayed before the learned Trial Court for convenience.)

(2.) Briefly stated, that facts giving rise to the present petition are that the Drugs Inspector filed a complaint before the learned Trial Court against the accused and other persons asserting that he had inspected the shop being run in the name and style of M/s Shri Medical Store, Opposite Bus Stand Nadaun, District Hamirpur (HP) and obtained the samples of Chlorpheniramine Maleate Tablets for analysis. These were sent to the Government analyst CTL Kandaghat, who issued a report mentioning that the drug was not of standard quality. The complainant filed a complaint before the learned Trial Court against the accused after completing the necessary formalities.

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