J.C. JANI Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) THIS application is for quashing the order dated 18.4.2006 passed in Complaint Case No. 670 of 2002 corresponding to T.R. No. 1155 of 2006 by Judicial Magistrate 1st Class, Giridih, whereby and whereunder he issued non bailable warrant of arrest against the petitioner.

(2.) THE brief facts of the case is that one Gopal Krishna Kedia (complainant) purchased a medicine namely, syntocinon Injection bearing Batch No. 07025G from Rahul Medical Hall, Giridih for the treatment of his relative. It is alleged that the said medicine was manufactured by German Remedies Ltd. It is further stated that at the time of administering the aforesaid medicine, the nurse of the hospital detected some adulteration and therefore she did not administer the said injection. It is stated that thereafter on 27.11.2000, complainant sent a legal notice to the Company concerned. It is stated that in response to said legal notice, the Company sent its representative to Giridih for verification and those representative also accepted that there was some adulteration in the medicine. However the said representative assured the complainant that they will report the matter to the Company and will come again with some Technical Staff. It is stated that even after the lapse of so many days, when the Staff of the company did not turn up, the complainant sent a reminder to the Company. Thereafter he has been informed on telephone that the matter is being investigated and the out come of the same will be informed to complainant later on. It is stated that, however, no information was given to the complainant nor the sale of aforesaid medicine was stopped. Therefore the complainant conclude that the accused person intentionally not stopped the sale of aforesaid medicine for their personal gain. It is, accordingly, alleged that the accused persons committed an offence under Section 27A read with Section 17A of Drugs and Cosmetics Act. 1940 and also under Section 274, 275, 336 and 420 of the IPC.

(3.) IT then appears that against the aforesaid order, a Cr. Misc. petition bearing Cr.M.P. No. 656 of 2003 was filed in this Court by the then Managing Director and Secretary of the Company, namely, Manfred Knoll and P. Srinivas Iyer. It further appears that the aforesaid Cr. Misc petition was allowed by this Court vide order dated 13.5.2004 and the order dated 3.12.2002 passed by Judicial Magistrate, Giridih has been quashed. It then appears that against the aforesaid order of this Court, the complainant filed an appeal before Hon'ble the Supreme Court which was registered as Cr. Appeal No. 318 of 2006 arising out of SLP (Cr) No. 5932 of 2004. It further appears that Hon'ble the Supreme Court allowed the aforesaid Cr. Appeal and after setting aside the order of this Court, restore the Complaint Petition No. 670 of 2002 pending in the court of CJM, Giridih for being tried in accordance with law. It further appears that thereafter the learned court below vide order dated 18.4.2006 had directed the office to issue non bailable warrant of arrest against the accused person. It appears that the complainant had furnished the name and address of the accused person vide his application contained in Annexure -5. It appears that in Annexure -5 for the first time name of this petitioner was introduced as an accused by the complainant.