IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL C-482 No. 378 of 2004 M/s Unichem Laboratories Limited & another ……..Applicants Versus State of Uttaranchal and another ….Respondents. Present: Mr. Gopal Krishna, Advocate for the applicants. Mr. Nandan Arya, AGA for the State of Uttarakhand/respondent no.1. Mr. Mohd. Azim, Advocate brief holder of Mr. B. S. Parihar, Advocate for respondent no.2. Date of Decision: 28.08.2010 Hon’ble Sudhanshu Dhulia, J(Oral) This C-482 application was dismissed for non-prosecution by this Court on 16.04.2010. Consequently, the applicants have filed a restoration application along with delay condonation application for condoning the delay in filing the restoration application. The grounds shown for condoning the delay in filing the restoration application appear to be bona fide. Delay condonation application is allowed. Delay in filing the restoration application is condoned. Heard learned counsels for the parties on restoration application. The reasons shown for restoration of the matter seem to be bona fide. The restoration application is allowed. Order dated 16.04.2010 is recalled. Present C 482 application is restored to its original number. In view of the law laid down in Madhumilan Syntex Ltd. and others Vs. Union of India and another reported in 2007 AIR SCW 1971 the matter is liable to be heard and disposed of at this stage itself, as this Court has restored the matter. Heard Mr. Gopal Krishna, Advocate for the applicants, Mr. Nandan Arya, AGA for state of Uttarakhand/respondent no.1 and Mr. Mohd. Azim, advocate holding brief of Mr. B. S. Parihar, advocate for respondent no.2. This Criminal Misc. application under Section C-482 of Cr.P.C. has been filed by the applicants who are alleged manufacturer and the company secretary of the company which is manufacturing the drugs which are alleged to be spurious and therefore on a complaint the learned Magistrate after proceeding under Section 200 read with Section 202 of Cr.P.C. issued summons to the applicants/accused. There is no procedural anomaly pointed out in the proceedings. The learned Magistrate has proceeded well in accordance with law after examining the material before him. There is no good ground to interfere with the order passed by the learned Magistrate whereby the applicants have been summoned. The Present C-482 application is absolutely devoid of merit and is liable to be dismissed and is hereby dismissed. No order as to costs. Interim order, if any, is also vacated. The Registry is directed to send a copy of this order to the court concerned for necessary compliance. (Sudhanshu Dhulia, J) 28.08.2010 Kuldeep