1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR. JUDGMENT Surendra Kumar Jain Vs. Advance Bio Medical & anr. SB CRIMINAL MISC. PETITION NO.1389/2010. Under Section 482 Cr.P.C. DATE OF ORDER: 6th September, 2010. PRESENT HON'BLE MR. JUSTICE S.P. PATHAK Mr. Surendra Kumar Jain, petitioner in person. BY THE COURT:- This criminal misc. petition under section 482 Cr.P.C. has been filed against the judgment and order dated 16.4.2010 passed by the learned Chief Judicial Magistrate, Jaipur city, Jaipur by which he rejected the criminal case No.429/2009 filed by the petitioner and also against the revision petition no.22.5.2010 passed by the learned Additional Sessions Judge (Fast Track) No.5, Jaipur city, Jaipur by which the revision petition was rejected. Briefly stated the facts for the disposal of the present petition are that the petitioner is dealing in medicines and after purchasing medicines from the non-petitioner firm sells in the market. The non-petitioner firm supplied him some medicines, on checking the same, it was found that on the medicines neither the date of manufacturing nor the date of expiry was mentioned. The petitioner returned the medicines to the non-petitioner firm with the 2 warning not to supply such fake medicines again to him. On 7.3.2009, the petitioner purchased the Eye-picks 200 medicines from the non-petitioner firm and sold to its retailer M/s Joshi Medical Government Dispensary, Near Jhotwara which was returned to him on 12.3.2009 for the reason that no date of manufacturing or date of expiry was mentioned. When the said medicines were returned to the non-petitioner firm, he was threatened to purchase and sell the fake medicines. The petitioner then filed a criminal complaint against the non-petitioner firm before the trial court which was sent for inquiry and after inquiry negative final report was submitted in the matter. The petitioner filed a protest petition against the negative final report which too was rejected by the trial court vide its judgment dated 16.4.2010. Feeling aggrieved against the said judgment, the petitioner preferred a revision petition before the learned Additional Sessions Judge (Fast Track) No.5, Jaipur city, Jaipur which was rejected by him vide its judgment dated 22.5.2010. Hence, the present petition has been filed. I have heard the petitioner who is present in person. The petitioner submits that the trial court has not properly appreciated the matter and committed illegality in not taking cognizance against the accused-respondent for the offence committed by him under section 420 and 406 IPC. It is also submitted that the petitioner was provided no opportunity in the matter and the trial court as well as learned revisional court both 3 have not applied mind while passing the orders. I have considered the above submissions made before me. It appears that the criminal complaint filed by the petitioner was sent for investigation and after thorough investigation a negative final report was submitted. On filing protest petition after hearing both sides and considering the material collected during the course of investigation and also taking into consideration the contents of the complaint, the complaint was dismissed. The revisional court has also discussed the matter in detail concurring with the opinion expressed by the trial court, therefore, it cannot be said that the petitioner was not afforded opportunity in the matter or to say that the trial court has not applied its mind and the courts below have committed illegality in dismissing the complaint filed by the petitioner. There does not appear a areason to admit this petition as the petition is without any merit and requires to be dismissed summarily. In the result, this misc. petition stands dismissed summarily. (S.P. PATHAK),J BBLM