NAVNEET KUMAR v. STATE OF U.P. THRU. PRIN. SECY. HOME DEPTT. LKO. AND ANOTHER
/10064/2025 · 2025-11-27
Brij Raj Singh
body2025
DailyLaw.ai
[ 2025 DAILYLAW 174885 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 174885 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW APPLICATION U/S 482 No. - 10064 of 2025 Court No. - 16 HON'BLE BRIJ RAJ SINGH, J.
1. Heard learned counsel for the applicant, learned AGA and perused the record. 2. The present application has been filed with the following main reliefs:
"(i) QUASH the Impugned Summoning and Cognizance Order dated 24.02.2023 passed in Complaint Case No. 2672/2023 by Chief Judicial Magistrate, Lakhimpur Kheri in Case no. 2672/2023 under sections 18(a) (i), 18 (a) (vi), 18(c)/27 Drugs and Cosmetic act, 1940, P.S- Gola, District- Lakhimpur Kheri which is annexed as ANNEXURE NO. A2 to this application. (ii) QUASH the impugned Complaint Case No. 2672/2023 pending before the Ld. Chief Judicial Magistrate, Lakhimpur Kheri which is annexed as ANNEXURE NO.A1, to this application."
3. The sole ground which has been taken by learned counsel for the applicant is that the summoning order is non speaking and without recording any reasons, summon has been issued against the applicant under Section 18(a)(i), 18(a)(vi) and 18(c)27 of the Drugs and Cosmetic Act, 1940. He further submits that the co-accused Shiva and others has approached this Court by filing Application U/s 482 No.6179 of 2023 wherein this Court vide order dated 6.7.2023 has set aside the impugned summoning order and Versus Counsel for Applicant(s) : Avinash Singh Vishen, Lokesh Kumar Vajpayee Counsel for Opposite Party(s) : G.A. Navneet Kumar .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. And Another .....Opposite Party(s)
the matter has been remitted back to the trial court for taking fresh decision within a period of 45 days from the date of the said order. Learned AGA has opposed the case and has submitted that serious allegations have been levelled against the applicant and provision of Section 32 of the Drugs and Cosmetic Act has been invoked and after going through the record, summon has been issued, therefore, in the present case, no interference is required by this Court. After going through the record, I find that in respect of co-accused Shiva and others, impugned summoning order has been set aside by this Court in Application U/s 482 No.6179 of 2023. Therefore, on the same analogy, present application is also allowed and the impugned summoning order dated 24.2.2023 in respect of the applicant is set aside. The matter is remitted back to the trial court to take a fresh decision in the matter.
Learned counsel for the applicant is directed to submit a certified copy of this order before the court concerned within ten days from today and the court concerned shall pass an appropriate fresh order in accordance with law within a period of four weeks thereafter. November 27, 2025 Sachin A482 No. 10064 of 2025 2 (Brij Raj Singh,J.) Digitally signed by :- SACHIN MEHROTRA High Court of Judicature at Allahabad, Lucknow Bench