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2025 DAILYLAW 10687 (UTT)

SHARAFAT ALI v. STATE OF UTTARAKHAND

WPCRL/1183/2023 · 2025-05-06

Pankaj Purohit

body2025

Judgment text

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2025:UHC:3492 SL. No Date Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures COURT’S OR JUDGES’S ORDERS WPCRL No.1183 of 2023 Hon’ble Pankaj Purohit, J. Mr. Vinod Sharma, learned counsel for petitioner. 2. Mr. S.C. Dumka, learned A.G.A. with Ms. Sweta Badola Dobhal, learned Brief Holder for the State of Uttarakhand/respondent Nos.1 & 2. 3. By means of the present criminal writ petition, petitioner has challenged the FIR No.65 of 2023 dated 16.06.2023 and remand order dated 17.06.2023, for the offences punishable under Sections 8/21/27(a)/29 of the Narcotics Drugs and Psychotropic Substances (NDPS) Act, 1985, registered with Police Station Shyampur, District Haridwar. 4. It is submitted by learned State Counsel that after investigation, charge-sheet has been submitted against the petitioner-Sharafat Ali on 07.12.2023, therefore, nothing remains to be decided in this writ petition and it has become infructuous. 5. Learned counsel for the petitioner has moved an Amendment Application (IA/4/2024) for challenging the said charge-sheet dated 07.12.2023, cognizance order dated 14.12.2023 and entire proceedings of Special Sessions Trial No.113 of 2023 State VS. Sharafat Ali and Ors., pending in the Court of Special Judge (NDPS Act), Haridwar, in the present criminal writ petition. 6. In the opinion of this Court, it would be more convenient and conducive for the parties to challenge the charge-sheet by filing a separate proceeding under Section 528 of the B.N.S.S. Act, 2023. Hence, it is open to petitioner to challenge the same before this 2025:UHC:3492 Court in appropriate proceedings. 7. In view of the above, the present criminal writ petition is dismissed as infructuous with the aforesaid liberty. 8. Pending application(s), if any, also stands disposed of. (Pankaj Purohit, J.) 06.05.2025 PN PREETI NEGI Digitally signed by PREETI NEGI DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND, 2.5.4.20=63c75a8c4765581180a58d7478fadbe38331bac55c78b5f9f0276c16432f6aab, postalCode=263001, st=UTTARAKHAND, serialNumber=2BA53171893B3C3CB3CCCAE81FAE064498483A83D84BDB0F9229D5BF08D 959AC, cn=PREETI NEGI Date: 2025.05.06 15:48:09 +05'30'