Case Facts:
Patna High Court CR. WJC No.615 of 2007 (13) dt.26-07-2012 IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Writ No.615 of 2007 ====================================================== Shakar Prasad @ Hari Shankar Prasad .... .... Petitioner Versus State Of Bihar & Anr .... .... Respondents ====================================================== Appearance : For the Petitioner : Mr. Laxmi Narayan Singh, Advocate. For the Respondents : Mr. Yogendra Prasad Sinha, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 13 26-07-2012 The present application has been filed for quashing the FIR of Sitamarhi P.S.Case No.258 of 1995 instituted under [STATUTE] . Mr. Yogendra Prasad Sinha, learned AAG-15 submits that the police has concluded the investigation and submitted chargesheet pursuant to which the learned Additional Chief Judicial Magistrate, Sitamarhi took cognizance of the offence by order dated 20.07.2012. Considering the fact that the stage of the case has changed and chargesheet has already been submitted and the learned Magistrate after applying his mind took cognizance of the offence, in my view, the prayer made in the present writ petition cannot be allowed. This application, is accordingly, dismissed. The petitioner, if so advised, may challenge the order Patna High Court CR. WJC No.615 of 2007 (13) dt.26-07-2012 taking cognizance in appropriate proceedings in accordance with law. B.Kr./- (Ashwani Kumar Singh, J)

Applicable IPC Section: 276

Statute Text:
Section 276 of the Indian Penal Code. Knowingly selling or issuing from a dispensary any drug or medical preparation as a different drug or medical preparation. Whoever knowingly sells, or offers or exposes for sale, or issues from a dispensary for medicinal purposes, any drug or medical preparation, as a different drug or medical preparation, shall be punished with imprisonment of either description for a term which may extend to six months, or with fine which may extend to one thousand rupees, or with both.