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2025 DAILYLAW 11216 (ALL)

MOHIT RAJBHAR v. STATE OF U.P. AND 3 OTHERS

CRLP/1480/2025 · 2025-01-24

Nalin Kumar Srivastava, Siddharth

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:12539-DB Court No. - 47 Case :- CRIMINAL MISC. WRIT PETITION No. - 1480 of 2025 Petitioner :- Mohit Rajbhar Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Awadhesh Kumar Malviya Counsel for Respondent :- G.A. Hon'ble Siddharth,J. Hon'ble Nalin Kumar Srivastava,J. 1. Heard learned counsel for the petitioner and learned A.G.A for the State. 2. The writ petition seeks quashing of the F.I.R. dated 16.10.2024 giving rise to the Case Crime No. 184 of 2024, under Section 8/21 Narcotic Drugs and Psychotropic Substances Act, Police Station- Khanpur, District- Ghazipur,. 3. Learned counsel for the petitioner submits that petitioner has been implicated in this case on the basis of confessional statement of co- accused. No incriminating recovery was made from him. There is no criminal history of the petitioner. 4. Learned A.G.A has opposed the submission of counsel for the petitioner. 5. For the reasons given in the judgment of this Court dated 10.07.2024 passed in Criminal Misc. Writ petition No. 7463 of 2024 (Shobit Nehra And Another Vs. State of U.P. and 2 Others) the writ petition is disposed of directing that till cognizance is taken on police report under Section 173(2) Cr.P.C., by the court the respondents shall not arrest the petitioner pursuant to the F.I.R. dated 16.10.2024 giving rise to the Case Crime No. 184 of 2024, under Section 8/21 Narcotic Drugs and Psychotropic Substances Act, Police Station- Khanpur, District- Ghazipur, subject to cooperation in ongoing investigation. Order Date :- 24.1.2025 SS Digitally signed by :- SURENDER SINGH NARANG High Court of Judicature at Allahabad