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ANKIT   31 July 2024

Quashing of complaint case under drugs and cosmetics act

DRUG AND COSMETICS ACT 

A raid was conducted in medical shop and licence was expired due to death of proprietor and i was arrested 

A fir was lodged by raiding team under drugs and cosmetics act with few sections cause not having a valid drug licence.

After two months local drug inspector filed a complaint case of same incident with same section on basis of fir and police report. 

Drug controller give permission/sanction to file prosecution against firm and others but drug inspector filed only against a person.

After that in a revision cognizance of fir is set aside by revisional court due to fir is barred under section iv of this act.

Please give a legal advice to quash complaint case.



Learning

 4 Replies

T. Kalaiselvan, Advocate (Advocate)     31 July 2024

you have to approach high court for getting the complaint case quashed for the reasons you rely upon

ANKIT   31 July 2024

Hello  sir can you please suggest any citation or judgement for this...

I have filled a revision in district and session court against cognizance order of complaint case same as fir. District and session court set aside cognizance of fir same thing i want for complaint also...

So please suggest me some judgement of supreme court or high court 🙏🙏🙏🙏

 

I'll be very obliged to you for that

T. Kalaiselvan, Advocate (Advocate)     31 July 2024

You may have to look for the suitable judgement either through your lawyer or by browsing some legal websites.

Rama chary Rachakonda (Secunderabad/Telangana state Highcourt practice watsapp no.9989324294 )     01 August 2024

Here are some recent Supreme Court judgments related to quashing FIRs ¹ ² ³: - *Quashing FIRs based on personal vengeance*: The Supreme Court observed that when an accused seeks to quash an FIR on the ground that it's based on personal vengeance, the attendant circumstances must be looked into. The Court owes a duty to look into the FIR with care and a little more closely ¹. - *Quashing FIRs despite charge sheet being filed*: The Supreme Court held that even if a charge sheet is filed against the accused during the pendency of the petition for quashing of the FIR, the High Court is not restrained from exercising its inherent jurisdiction ². - *Quashing criminal proceedings arising out of civil transactions*: The Supreme Court reiterated that the High Court must quash the prosecution based on the criminal complaint arising out of a civil transaction. The High Court must not hesitate in quashing such criminal proceedings which are essentially of a civil nature ³. - *Criminal antecedents of the accused*: The Supreme Court observed that the criminal antecedents of the accused cannot be the sole consideration for declining to quash the criminal proceedings ¹. - *Frivolous or vexatious proceedings*: The Supreme Court held that in frivolous or vexatious proceedings, the Court owes a duty to look into many other attending circumstances emerging from the case record over and above the averments and, if need be, with due care and circumspection, try to read in between the lines ¹.


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