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2022 (4) TMI 123

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..... ve not made abscondance, they challenged the proceedings by way of filing the writ petition before the Division Bench and thereafter appeared before the agency, thoroughly interrogated and their statements have been recorded, still thereafter, filing the complaint by taking resort of Section 299 of Cr.P.C. prima facie appears to be perfunctory. The matter requires serious consideration - Put up on 28.03.2022. - S.B. Criminal Miscellaneous (Petition) No. 5809/2021 - - - Dated:- 15-2-2022 - HON'BLE MR. JUSTICE FARJAND ALI For the Petitioner : Mr. V.R. Singh Bajwa, Sr. Adv with Mr. Javed Khan, Mr. Jaideep Malik, Mr. Amar Kumar, Mr. Manish Parmar For the Respondent : Mr. Tej Prakash Sharma ORDER By way of filing .....

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..... Controlled Substances) Order, 2013. Still, a criminal case has been registered in utter violation of the above provisions. Admittedly, no allegation regarding narcotic substances has been levelled against the present petitioners but the respondent-authorities are adamant to arrest them. The action of the respondents is not sustainable in law at all. Therefore, the petition deserves to be allowed and the petitioners should be given interim protection from any sort of coercive action. Issue notice, returnable by 19/04/2021. Additional copy of the petition be served in the office of Mr. R.D. Rastogi, Additional Solicitor General for Union of India. His name be indicated in the cause list. Without expressing any opinion on merits, as an .....

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..... Court has seized of the matter, filing the second/supplementary complaint tantamounts to an abuse of process of law and thus, the very institution of the supplementary or second report deserves to be quashed and set aside. Mr. Tej Prakash Sharma, learned counsel for Union of India opposed the submissions made by learned counsel for the petitioners. He submits that there is no legal fetter to submit a supplementary report after filing of the first report. He further submits that since the petitioners are not co-operating with the investigation, therefore, the circumstance led them to submit a subsequent complaint. Heard. Perused the material made available on record. In my considered view, during existence of the first complaint, f .....

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