Extracted from the PDF above. The PDF is authoritative.
( 2026:JHHC:14241 )
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Cr.M.P. No.1598 of 2024
IN THE HIGH COURT OF JHARKHAND AT RANCHI
Cr.M.P. No. 1598 of 2024
Jay Kant Pathak, Aged about 51 Years, Son of Late Baleshwar Pathak, Resident of Green Life Trust Hospital, Lalpania, District –Bokaro -
829149. .... Petitioner
Versus
1. The State of Jharkhand
2. Aalok Kumar, working and posted as Drug Inspector, Bokaro -2, Registered Office at Drug Inspector Office, Sadar Hospital Campus, Sector –I, P.O. & P.S. –Bokaro, District –Bokaro -827001. …. Opp. Parties
P R E S E N T HON’BLE MR. JUSTICE ANIL KUMAR CHOUDHARY ….. For the Petitioner
: Mr. Ranajn Kumar, Advocate For the State
: Mr. P.D. Agrawal, Spl. P.P.
….. By the Court:- I.A. No.6411 of 2026
Heard the parties. This interlocutory application has been filed with the prayer for early hearing of this criminal miscellaneous petition. Since, hearing of this criminal miscellaneous petition is taken up today, hence, this interlocutory application is disposed of being infructuous. (Anil Kumar Choudhary, J.)
1. Heard the parties. 2. This criminal miscellaneous petition has been filed invoking the jurisdiction of this Court under Section 528 of B.N.S.S., 2023. with the prayer to quash the order dated 27.03.2024, passed by the learned Judicial Magistrate -1st Class, Bermo at Tenughat in Complaint Case No. 136 of 2024 whereby and where under
( 2026:JHHC:14241 )
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Cr.M.P. No.1598 of 2024
cognizance has been taken under Section 27(b)(ii), 28A, 22(3) and 27(d) of the Drugs and Cosmetics Act, 1940 against the petitioner. Prayer has further been made for quashing of the entire criminal proceeding including the complaint petition of Complaint Case No. 136 of 2024, pending in the Court of Miss. R.S. Topno, Judicial Magistrate -1st Class, Bermo at Tenughat. Prayer has also been made for quashing the second cognizance order dated 22.05.2025, passed by the learned Sessions Judge, Bokaro in Complaint Case No. 136 of 2024 under same Section 27(b)(ii), 28A, 22(3) and 27(d) of the Drugs and Cosmetics Act, 1940, pending in the court of learned Judicial Magistrate -1st Class, Bermo at Tenughat. 3. Perusal of the record reveals that the petition is a vague one and the petitioner has not come to the Court with clean hands.
On being asked by the Court, as to by which order after taking cognizance of the offence on 22.05.2025, the learned Sessions Judge has transferred the case to the Court of learned Judicial Magistrate -1st Class, Bermo at Tenugaht, the learned counsel for the petitioner is unable to show any such order. Since the petition is a vague and vexatious one without any material in the record to show that the case is still pending in the court of learned Judicial Magistrate -1st Class, Bermo at Tenughat, this Court is not inclined to exercise the power under Section 528 of the B.N.S.S., 2023 when the petitioner has no document to show such frivolous contention of the petitioner. ( 2026:JHHC:14241 )
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Cr.M.P. No.1598 of 2024
4. Accordingly, this criminal miscellaneous petition being without any merit is dismissed. (Anil Kumar Choudhary, J.) High Court of Jharkhand, Ranchi Dated the 11th May, 2026 AFR/Sonu-
Uploaded on 12.08.2026