- 1 - NC: 2025:KHC:5336 CRL.P No. 12605 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 6TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR JUSTICE S.R.KRISHNA KUMAR CRIMINAL PETITION NO. 12605 OF 2024 BETWEEN: UNION OF INDIA MINISTRY OF HEALTH AND FAMILY WELFARE O/O THE CENTRAL DRUGS, STANDARD CONTROL ORGANIZATION, DIRECTORATE GENERAL OF HEALTH SERVICE, ASSISTANT DRUGS CONTROLLER (I) 2ND FLOOR, DRUGS CONTROLLER OF THE STATE OF KARNATAKA, PALACE ROAD, BENGALURU, 5600001. PRESENTLY OFICE AT, CENTRAL DRUGS STANDARD CONTROL ORGANIZATION, ZONAL OFFICE, DIRECTORATE GENERAL OF HEALTH SERVICE, MINISTRY OF HEALTH AND FAMILY WELFARE, GOVERNMENT OF INDIA, 2ND FLOOR, O/O DRUGS CONTROLLER FOR THE STATE OF KARNATAKA, PALACE ROAD, BENGALURU - 560001. REPRESENTED BY ITS DRUGS INSPECTOR, CDSCO, SUB ZONE, BENGALURU - 560001. …PETITIONER (BY SRI. MADHUKAR M DESHPANDE.,ADVOCATE) Digitally signed by VANAMALA N Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:5336 CRL.P No. 12605 of 2024 AND: 1. MR SURJEET SINGH SAHNI AGED ABOUT 69 YEARS, S/O AMOLOK SINGH SAHNI, M/S RHYDBURG PHARMACEUTICALS LTD., C-2 AND 3, SARA INSTRUIAL ESTATE, SELAQUI, RAMPUR, DEHRADUN, UTTARAKHAND 248197. 2. MR ASHOK KUMAR MAJOR BY AGE, MANUFACTURING CHEMIST, M/S RHYDBURG PHARMACEUTICALS LTD.. C-2 AND 3, SARA INDUSTRIAL ESTATE, SELAQUI, RAMPUR, DEHRADUN, UTTARAKHAND 248197. 3. MR SARVESH KUMAR SAXENA MAJOR BY AGE, MANUFACTURING CHEMIST, M/S RHYDBURG PHARMACEUTICALS LTD. C-2 AND 3, SARA INSTRULAL ESTATE, SELAQUL RAMPUR, DEHRADUN, UTTARAKHAND 248197. …RESPONDENTS (NOTICE TO RESPONDENTS DISPENSED WITH VIDE ORDER DATED 06.02.2025) THIS CRL.P IS FILED U/S 482 CR.PC (FILED U/S 528 BNNS) PRAYING TO 1) SET ASIDE THE ORDER DATED 05.08.2024 PASSED IN CRIMINAL REVISION PETITION NO.41/2022 PASSED BY THE HONBLE PRL.CITY CIVIL AND SESSIONS JUDGE AT BENGALURU - 3 - NC: 2025:KHC:5336 CRL.P No. 12605 of 2024 (CCH-1) (ANNEXURE-A). 2) SET ASIDE THE ORDER DATED 15.03.2019 PASSED IN C.C.NO.193/2018 PASSED BY THE SPECIAL COURT FOR ECONOMIC OFFENCES AT BENGALURU (ANNEXURE- B) AND CONSEQUENTLY RESTORE THE PROCEEDINGS IN C.C.NO.193/2018. THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE S.R.KRISHNA KUMAR ORAL ORDER In this petition, the petitioner seeks the following reliefs: "1) Set aside the order dated 05.08.2024 passed in Criminal Revision Petition No.41/2022 passed by the Hon'ble Principal City Civil and Sessions Judge at Bengaluru (CCH-1) (Annexure-A). 2) Set aside the order dated 15.03.2019 passed in C.C.No.193/2018 passed by the special court for economic offences at Bengaluru (Annexure-B) and consequently restore the proceedings in C.C. No.193/2018." 2. Heard the learned counsel for the petitioners and perused the material on record. For the order proposed, notice to the respondents is dispensed with. - 4 - NC: 2025:KHC:5336 CRL.P No. 12605 of 2024 3. A perusal of the material on record would indicate that the petitioner/complainant instituted the proceedings against six accused persons for the offences punishable under Sections 18(a)(i) and 18(b) read with Section 27(d) of Drugs and Cosmetics Act, 1940. In the said proceedings, the respondents herein are arrayed as Accused Nos.3, 5 and 6 and the proceedings as against them was split up and renumbered as C.C. No.193/2018. When the matter came up on 15.03.2019, the respondents remained absent and did not appear. However, taking note of the fact that the petitioner also was absent, the trial Court proceeded to dismiss the petition for non-prosecution vide Order dated 15.03.2019. 4. Aggrieved by the same, the petitioner filed Criminal Revision Petition No.41/2022 in which also the respondent Nos.2 and 3 remained absent while notice to the respondent No.1 was dispensed with and by the impugned order dated 05.08.2024, the Revisional Court proceeded to dismiss the Crl. RP No.41/2022 filed by the petitioner who is before this Court by way of present petition. 5. A perusal of the impugned order passed by the civil Court and the Revisional Court would indicate that the Courts have - 5 - NC: 2025:KHC:5336 CRL.P No. 12605 of 2024 adopted hyper-technical approach in failing to condone the non- appearance of the petitioner on 15.03.2019 which resulted in dismissal of the proceedings for non-prosecution as against the respondent Nos.3, 5 and 6 split up and renumbered as CC. No.193/2018. However, in view of the assertion of the petitioner that if he is given one more opportunity, he would prosecute the said case diligently by adopting a justice oriented approach, the impugned order is set aside and C.C. No.193/2018 is restored before the trial Court by issuing certain directions. 6. In the result, the following: ORDER [a] The petition is allowed. [b] The impugned order dated 05.08.2024 in Criminal Revision Petition No.41/2022 on the file of the Principal City Civil and Sessions Judge and impugned order dated 15.03.2019 passed in C.C. No.193/2018 by the trial Court is hereby set aside. [c] Consequently, C.C. No.193/2018 is restored to the file of the trial Court. - 6 - NC: 2025:KHC:5336 CRL.P No. 12605 of 2024 [d] The petitioner undertakes to appear before the trial Court in C.C. No.193/2018 on 24.02.2025 without waiting further notice from the trial Court. On that day, the trial Court shall issue notice to the respondents/accused and proceed further in the matter in accordance with law. SD/- (S.R.KRISHNA KUMAR) JUDGE AN/- List No.: 1 Sl No.: 12