Summoning Order Is Totally A Non-Speaking One: Supreme Court Quashes Criminal Proceedings Against JM Laboratories & Its Partners
The Supreme Court held that the Magistrate issued the process without assigning any reasons.
The Supreme Court quashed the summoning order and criminal proceedings against M/S JM Laboratories and its partners (Appellants) while holding that the summoning order against them was “totally a non-speaking one.”
The Court allowed the Appeal by quashing the Judgment of the Andhra Pradesh High Court whereby the Petition filed by the Appellants under Section 482 of the CrPC to quash the proceedings before the Trial Court came to be dismissed. The Bench held that the Magistrate issued the process without assigning any reasons.
A Bench of Justice BR Gavai and Justice Augustine George Masih held that “the present appeal is liable to be allowed on the short ground that the learned Magistrate has issued the process without assigning any reasons.”
Advocate H.P.S. Sandhu represented the Appellants, while Advocate Prerna Singh appeared for the Respondents.
Brief Facts
The Drugs Inspector had filed a complaint under Section 32 of the Drugs and Cosmetics Act, 1940, (the Act) alleging that JM Laboratories manufactured and distributed a substandard drug—MOXIGOLD-CV 625 (Amoxycillin & Potassium Clavunate Tablets IP).
The Appellants were accused of violating Section 18(a)(i) read with Section 16 of the Act, punishable under Section 27(d).
The Magistrate issued summons against the Appellants, directing them to appear before the Court. The Appellants moved the High Court under Section 482 of the CrPC, challenging the proceedings as barred by limitation under Section 468(2) of the CrPC. However, the High Court dismissed the Petition.
Court’s Reasoning
The Supreme Court held that “no reasons even for the namesake have been assigned by the learned Magistrate. The summoning order is totally a non-speaking one.”
Consequently, the Court held, “The impugned judgment and order dated 4th October 2023 passed by the High Court of Andhra Pradesh at Amravati in Criminal Petition No. 5766 of 2023 is quashed and set aside; and…The summoning order dated 19th July 2023 passed by the Trial Court in C.C. No. 1051 of 2023 and the proceedings arising therefrom are also quashed and set aside.”
Accordingly, the Supreme Court allowed the Appeal.
Cause Title: M/S. JM Laboratories & Ors. v. State Of Andhra Pradesh & Anr. (Neutral Citation: 2025 INSC 127)
Appearance:
Appellants: Advocate H.P.S. Sandhu, Harshit Sethi, Kartik Yadav and Mansi Tripathi; AOR Ayush Choudhary
Respondents: Advocate Prerna Singh, Gautam Bhatia and Dhruv Yadav; AOR Guntur Pramod Kumar
