SUNIL MEDICOS, HOSPITAL ROAD Vs. STATE

JUDGEMENT

(1.) The instant misc. petition under Sec. 482 Cr.P.C. has been filed by the petitioner for quashing the criminal proceedings pending before learned Sessions Judge, Merta in Sessions Case No.15/2018 and order dtd. 23/7/2019 against the petitioners for offence under Ss. 27, 28, 22 of Drugs and Cosmetics Act whereby charge of the case have been framed against the petitioners.

(2.) Learned counsel for the petitioners submits that the case against the petitioners is pending before District and Sessions Judge, Merta. The case falls within the category of warrant case instituted on a complaint in which, it is mandatory that the precharge evidence should have been recorded before framing the charge against the petitioners but in this case the trial Court had not taken the pre-charge evidence and straightaway framed the charge against the petitioners. In these circumstances, the order regarding framing of charge is per se illegal and deserves to be set aside.

(3.) Learned Public Prosecutor oppose the prayer made by learned counsel for the petitioners.