Shubham Singh & Anr. v. State of U.P & Anr.

Hon'ble Saurabh Srivastava,J.

#1. Heard Sri Rajiv Chowdhury, learned counsel for the applicants and learned A.G.A. for the State.

#2. The instant application under section 482 Cr.P.C. has been preferred to quash the chargesheet dated 13.11.2023 submitted in Case Crime No.140 of 2023 under Section 275 IPC and Section 18/27 Drugs and Cosmetics Act, Police Station Kapsethi, District Varanasi and also quash the cognizance order dated 17.11.2023 passed by Sessions Judge, Varanasi in the aforesaid case.

#3. It is the case of the applicants that both the remedies have been adopted, on one hand complaint in pursuance to same cause of action wherein the applicants have already been summoned vide order dated 12.2.2024 and on the other, a First Information Report has been instituted as Case Crime No. 140 of 2023 wherein after conducting detailed investigation, charge-sheet has been preferred and cognizance of offence has been taken up by learned court concerned on 17.11.2023 by way of summoning the applicants.

#4. Shri Rajiv Chowdhury, learned counsel appearing on behalf of the applicants submitted that both the proceedings is not permissible in the eye of law, rather once the complaint has already been preferred under the mandate of the statutory provisions of Drugs & Cosmetics Act, there is no cause of action available to the prosecution to institute F.I.R, against the applicants. It is also submitted that through the instant application proceedings initiated only under Section 125 Cr.P.C has been put under challenge which converted into Section 190 of the Cr.P.C.

#5. Per contra, prayer mentioned in the application has been opposed by learned AGA but did not dispute the provisions of Drugs & Cosmetics Act through which only the concerned accused be prosecuted by way of preferring complaint and not as per the police report submitted in shape of charge-sheet trailed with the F.I.R.

#6. In view of the aforementioned facts and circumstances, arguments raised by learned counsel for the applicants seems to be justified, therefore, entire proceedings arise out of Case Crime No.140 of 2023, under Section 275 IPC and Section 18/27 Drugs and Cosmetics Act, Police Station - Kapsethi, District Varanasi as well as the cognizance order dated 17.11.2023 passed by Sessions Judge, Varanasi are hereby set aside.

#7. Instant application stands allowed accordingly. Order Date :- 19.5.2025 Rakesh