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2026 DAILYLAW 2297 (JHR)

KAILASH KHANDELWAL v. THE STATE OF JHARKHAND

Cr.M.P./616/2019 · 2026-01-05

Anil Kumar Choudhary

body2026

Judgment text

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( 2026:JHHC:127 ) 1 Cr.M.P. No.616 of 2019 IN THE HIGH COURT OF JHARKHAND AT RANCHI Cr.M.P. No. 616 of 2019 Kailash Khandelwal, aged about 75 years, son of late Bala Sahai Khandelwal, the then director of M/s Elcon Drugs & Formulation Ltd., resident of D-68, Amba Bari, P.O.+P.S. –Vidyadhar Nagar, District – Jaipur, Rajasthan. .... Petitioner Versus 1. State of Jharkhand 2. Drug Inspector, Ranchi -1, office at Government Pharmacy Institute Campus, P.O.+P.S. –Bariatu, District –Ranchi. …. Opp. Parties P R E S E N T HON’BLE MR. JUSTICE ANIL KUMAR CHOUDHARY ….. For the Petitioner : Mr. Avish Anand, Advocate For the State : Mr. Vijoy Kumar Sinha, Addl. P.P. ….. By the Court:- 1. Heard the parties. 2. This criminal miscellaneous petition has been filed invoking the jurisdiction of this Court under Section 482 of the Code of Criminal Procedure with the prayer to quash the entire criminal proceeding initiated against the petitioner including the order taking cognizance dated 21.09.2015 in connection with C-III Case No. 187 of 2015 in which case, the learned A.C.J.M., Ranchi has taken cognizance of the offences punishable under Section 27(d) of the Drugs and Cosmetics Act, 1940 against the juristic person namely M/s Elcon Drugs & Formulation Limited. 3. The sole petitioner who is an individual submits that he is the Director of M/s Elcon Drugs & Formulation Limited. The ( 2026:JHHC:127 ) 2 Cr.M.P. No.616 of 2019 company M/s Elcon Drugs & Formulation Limited has not made any prayer nor it is made party before this Court. Since cognizance has not been taken against the petitioner who is an individual and the company in respect of whom cognizance has been taken, is not made a party in this case, this Court has no hesitation in holding that the petitioner has no locus-standi to challenge the order in which he is not the aggrieved party. 4. Accordingly, this criminal miscellaneous petition is dismissed as not maintainable. 5. In view of disposal of this criminal miscellaneous petition, pending interlocutory application, if any, is disposed of being infructuous. 6. The interim relief granted earlier vide order dated 26.11.2019 is vacated. 7. Registry is directed to intimate the court concerned forthwith. (Anil Kumar Choudhary, J.) High Court of Jharkhand, Ranchi Dated the 5th January, 2026 AFR/Sonu-Gunjan/- Uploaded on 09/01/2026