THE HONOURABLE SRI JUSTICE RAJA ELANGO CRIMINAL REVISION CASE No. 2526 of 2011 ORDER: The Criminal Revision case is preferred by the petitioners- Accused Nos.1 to 3 against the orders dated 9.11.2011 passed by the learned II Addl. Judicial Magistrate of Firtst Class, Rajahmundry in Crl.M.P.No. 3183 of 2011 in C.C. No. 637 of 2004, whereby he dismissed the discharge petition. Heard. This Court perused the entire record and also heard the arguments of the learned counsel for the petitioners and also the learned Public Prosecutor. The learned counsel for the petitioners submits that the learned Magistrate ought to have sent for the certificate dated 6.2.2004 because the very same drug Phenalgin with the very same batch number picked up by the Drug Inspector on 20.9.2003 and when the said drug was sent for analysis to the State Drug Laboratory, the same was found to be not of standard quality and on the same was being sent to the Central Drug Laboratory for re-testing, it is found that the sample is of standard quality vide opinion dated 6.2.2004; hence prayed to set aside the impugned order. Considering the submission of the learned counsel for the petitioners and also in view of the facts and circumstances of the case, the petitioners are directed to file a fresh application before the lower Court with all particulars. On filing such application, the trial Court is directed to consider the same in accordance with law. With the above observations, the Criminal Revision Case is disposed of. _________________ RAJA ELANGO,J Date:26.12.2011 CHV