IN THE HIGH COURT OF JUDICATURE ANDHRA PRADESH AT HYDERABAD TUESDAY THE TWENTYFIRST DAY OF DECEMBER TWO THOUSAND AND TEN PRESENT THE HONOURABLE SRI JUSTICE RAJA ELANGO CRL.RC.NOs. 2009, 2010, 2011, 2012, 2013, 2014 & 2015 OF 2010. Between: CRL.RC.No. 2009 of 2010 Shivaram Pandey & 2-Ors. … Petitioners-Accused V/s. The State of AP Represented by its Public Prosecutor High Court of Andhra Pradesh Hyderabad. … Respondent- Complainant Between: CRL.RC.No. 2010 of 2010 M/s. Pharmex Drugs (P) Ltd. Industrial Area, Ghaziabad UP Represented by Sri Shivaram Pandey & 6 Ors. … Petitioners-Accused V/s. The State of AP Represented by its Public Prosecutor High Court of Andhra Pradesh Hyderabad. … Respondent- Complainant Between: CRL.RC.No. 2011 of 2010 M/s. Pharmex Drugs (P) Ltd. Industrial Area, Ghaziabad UP Represented by Sri Shivaram Pandey & 6 Ors. … Petitioners-Accused V/s. The State of AP Represented by its Public Prosecutor High Court of Andhra Pradesh Hyderabad. … Respondent- Complainant Between: CRL.RC.No. 2012 OF 2010 M/s. Pharmex Drugs (P) Ltd. Industrial Area, Ghaziabad UP Represented by Sri Shivaram Pandey & 6 Ors. … Petitioners-Accused V/s. The State of AP Represented by its Public Prosecutor High Court of Andhra Pradesh Hyderabad. … Respondent- Complainant Between: CRL.RC.No. 2013 OF 2010 Ramprakash Pandey & 3-Ors. … Petitioners-Accused V/s. The State of AP Represented by its Public Prosecutor High Court of Andhra Pradesh Hyderabad. … Respondent- Complainant Between: CRL.RC.No. 2014 OF 2010 Ramprakash Pandey & 3-Ors. … Petitioners-Accused V/s. The State of AP Represented by its Public Prosecutor High Court of Andhra Pradesh Hyderabad. … Respondent- Complainant Between: CRL.RC.No. 2015 OF 2010 Ramprakash Pandey & 3-Ors. … Petitioners-Accused V/s. The State of AP Represented by its Public Prosecutor High Court of Andhra Pradesh Hyderabad. … Respondent- Complainant Counsel for the Petitioners : Sri T. PRADYUMNA KUMAR REDDY Counsel for the Respondent: Addl.Public Prosecutor The Court made the following : Common Order (follows 4th page onwards) THE HONOURABLE SRI JUSTICE RAJA ELANGO CRL.RC.NOs. 2009, 2010, 2011, 2012, 2013, 2014 & 2015 OF 2010 COMMON ORDER : Crl.RC.No.2009 of 2010 arises out of order dated 14-7-2010 passed in Crl.MP.No. 2400 of 2010 in CC.No. 333 of 2002 by the III-Addl.Chief Metropolitan Magistrate, Hyderabad dismissing the application filed under section 317 Cr.P.C., seeking to condone the absence of the petitioners before the trial court. Crl.RC.No.2010 of 2010 arises out of order dated 11-8-2010 passed in Crl.MP.No. 3044 of 2010 in CC.No. 1356 of 2002 by the III-Addl.Chief Metropolitan Magistrate, Hyderabad dismissing the application filed under section 317 Cr.P.C. seeking to condone the absence of the petitioners before the trial court. Crl.RC.No.2011 of 2010 arises out of order dated 11-8-2010 passed in Crl.MP.No. 3045 of 2010 in CC.No. 1258 of 2002 by the III-Addl.Chief Metropolitan Magistrate, Hyderabad dismissing the application filed under section 317 Cr.P.C. seeking to condone the absence of the petitioners before the trial court. Crl.RC.No.2012 of 2010 arises out of order dated 29-4-2010 passed in Crl.MP.No. 1148 of 2010 in CC.No. 755 of 2002 by the III-Addl.Chief Metropolitan Magistrate, Hyderabad dismissing the application filed under section 317 Cr.P.C. seeking to condone the absence of the petitioners before the trial court. Crl.RC.No. 2013 of 2010 arises out of order dated 03-5-2010 passed in Crl.MP.No. 1436 of 2010 in CC.No. 1553 of 2002 by the III-Addl.Chief Metropolitan Magistrate, Hyderabad dismissing the application filed under section 317 Cr.P.C. seeking to condone the absence of the petitioners before the trial court. Crl.RC.No.2014 of 2010 arises out of order dated 29-4-2010 passed in Crl.MP.No. 1147 of 2010 in CC.No. 1551 of 2002 by the III-Addl.Chief Metropolitan Magistrate, Hyderabad dismissing the application filed under section 317 Cr.P.C. seeking to condone the absence of the petitioners before the trial court. Crl.RC.No.2015 of 2010 arises out of order dated 29-4-2010 passed in Crl.MP.No. 1146 of 2010 in CC.No. 1552 of 2002 by the III-Addl.Chief Metropolitan Magistrate, Hyderabad dismissing the application filed under section 317 Cr.P.C. seeking to condone the absence of the petitioners before the trial court. As common question of facts and law are involved in all these criminal revisions, they are clubbed, heard together and are being disposed of by this common order. 2. It is seen from the order impugned in all these criminal revisions, the cases are pending for the past more than ten years and the petitioners are not regularly appearing before the trial court and further the learned Magistrate observed that the presence of all the petitioners-accused is necessary for examination of the witnesses. 3. On perusal of the record, being this is an offence under the provisions of Drugs and Cosmetics Act and some of the cases are under section 420 of IPC and further the learned counsel for the petitioners submitted that they are not questioning the identity of the accused and also submitted that the petitioners-accused are ready to co-operate before the trial Court to conclude the trial within a period of one year. 4. Considering the above said submission, the order passed by the learned Magistrate in all the above criminal revisions is hereby set aside and on the basis of the impugned order warrants were issued against the petitioners in the above criminal revisions are also recalled and the petitioners are directed to represent before the trial court through their counsel. However, the petitioners are directed to appear before the trial court as and when the learned Magistrate specifically insists for their appearance for the purpose of answering the charges or answering the questions under section 313 Cr.P.C. 5. With the above observation, all these Criminal Revisions are disposed of. However, the petitioners in all these criminal revisions are directed to co-operate with the trial court to enable the trial court to conclude the trial positively within a period of one year, i.e., on or before 31-12-2011 without fail. If the petitioners fail to comply with this order, the learned Magistrate is at liberty to proceed in accordance with law. ________________________ JUSTICE RAJA ELANGO. 21-12-2010 I s L THE HONOURABLE SRI JUSTICE RAJA ELANGO CRL.RC.NOs. 2009, 2010, 2011, 2012, 2013, 2014 & 2015 OF 2010 COMMON ORDER Circulation No. Computer No.43 Court Master: I s L Date: 21-12-2010