NIKSON PHARMACEUTICALS Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) HEARD learned counsel for the parties.

(2.) THE petitioners are aggrieved against the orders passed by the two courts below dated 23rd Nov. ,2002, which were passed by the Chief Judicial Magistrate, Udaipur in Cr. Complaint no. 2/2995- State of Rajasthan vs. M/s. Nikson Pharmaceuticals & Ors whereby the learned Magistrate dismissed the petitioners' application filed under Section 245 (2) Cr. P. C. read with Section 468 (2) of the Limitation Act and against the order of the revisional court dated 8. 1. 2003 by which the petitioners' revision petition no. 2/2003 was dismissed, which was preferred against the order of the trail court dated 23rd Nov. , 2002.

(3.) LEARNED Public Prosecutor vehemently submitted that the petitioners' application was dismissed by the trial court by reasoned order and, thereafter, the revision against the said order was dismissed by the revisional court and, therefore, this Court may not interfere under Section 482 Cr. P. C. as this will amount to entertaining the revision against the revisional order. It is also submitted that the two courts below construed the letter dated 10. 2. 1992 not as a request for sending the sample to the Central Drugs Laboratory and both the courts below clearly held that the petitioners did not take any steps in furtherance to their said letter of obtaining report by their own names and, therefore, the impugned orders are legally correct.