KAILASH KHANDELWAL Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Heard the parties.

(2.) This criminal miscellaneous petition has been filed invoking the jurisdiction of this Court under Sec. 482 of the Code of Criminal Procedure with the prayer to quash the entire criminal proceeding initiated against the petitioner including the order taking cognizance dtd. 21/9/2015 in connection with C-III Case No. 187 of 2015 in which case, the learned A.C.J.M., Ranchi has taken cognizance of the offences punishable under Sec. 27(d) of the Drugs and Cosmetics Act, 1940 against the juristic person namely M/s Elcon Drugs & Formulation Limited.

(3.) The sole petitioner who is an individual submits that he is the Director of M/s Elcon Drugs & Formulation Limited. The company M/s Elcon Drugs & Formulation Limited has not made any prayer nor it is made party before this Court. Since cognizance has not been taken against the petitioner who is an individual and the company in respect of whom cognizance has been taken, is not made a party in this case, this Court has no hesitation in holding that the petitioner has no locus-standi to challenge the order in which he is not the aggrieved party.