BNSS No. 42388 of 2025 · Allahabad High Court
Case at a glance
- Bench
- VIKRAM D CHAUHAN
Provisions considered
Key paragraphs
- Para 44. Para 12 of the aforesaid order is quoted hereinbelow: "12. Looking into the overall facts and situations and applying the principles of law in the case of J.M Laboratories (Supra) in the facts of the case, irresistible conclusion stands drawn that the summoning order…
Judgment
Heard learned counsel for applicants and learned AGA for the State.
The application has been filed for quashing the summoning order dated
22.04.2024 passed by learned court of Chief Judicial Magistrate, Allahabad in Complaint Case No. 12202 of 2024 (State Versus Raghvendra singh alias Rahul and others) under Sections 18(c) / 27 (b), 18-A/28, 18(a)(i)27(b), 27 (c) & 27(d) of the Drugs and Cosmetic Act, 1940 pending in the court of learned Chief Judicial Magistrate, Allahabad.
It is submitted by learned counsel for applicants that summoning order dated 22.4.2024 has been set aside by order dated 2.7.2025 of this Court passed in Application U/s 528 BNSS No.13646 of 2025 (Dileep Patel Vs. State of U.P. and another).
Para 12 of the aforesaid order is quoted hereinbelow: "12. Looking into the overall facts and situations and applying the principles of law in the case of J.M Laboratories (Supra) in the facts of the case, irresistible conclusion stands drawn that the summoning order cannot be sustained being berefit of any reason. Accordingly, the present application is being decided in the following terms: a. The summoning order dated 22.04.2024 passed in complaint case no. 12202 of 2024 (State of U.P. vs. Raghvendra Singh alias Rahul and Ors) U/s 18(c)/ 27(b), 18- 19/28, 18(a)(i)/27 (b) 27 (c) & 27 (d) of Drugs and Cosmetic Act, 1940, P.S. Kotwali, District Prayagraj is set aside. b. The matter stands remitted back to the court below to pass a fresh order strictly in accordance with law. 2 NA528 No. 42388 of 2025 c. For early disposal, the certified copy of the order be furnished before the court below by 25.07.2025. d. The passing of the order may not construed to the expression that this court has adjudicated the matter on the merits. However the court below is to pass an order strictly in accordance with law. "
Once the impugned order dated 22.4.2024 has already been set aside by order dated 2.7.2025 of this Court in earlier proceedings filed by co-accused, further quashing of the summoning order at the behest of applicant is not required, as the earlier order dated 2.7.2025 has completely set aside the order dated 22.4.2024.
As such, present application under Section 528 BNSS is disposed off with the aforesaid observation. The trial court is directed to comply with the earlier order dated dated 2.7.2025 of this Court. October 31, 2025 D. Tamang (Vikram D. Chauhan,J.)
Precedent status how later indexed judgments have treated this case
No known negative treatment found in the Courts & Cases corpus.
This is a result about the indexed corpus, not a finding that the judgment remains good law. Coverage may be incomplete.