Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:12559-DB
Court No. - 47 Case :- CRIMINAL MISC. WRIT PETITION No. - 1482 of 2025 Petitioner :- Harish Kumar Gupta Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Dev Kant Trigunait 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 23.12.2024 giving rise to the Case Crime No. 1074 of 2024, under Section 08, 20, 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985, Police Station- Kotwali, District- Banda.
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.
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 23.12.2024 giving rise to the Case Crime No. 1074 of 2024, under Section 08,20,29 of the Narcotic Drugs and Psychotropic Substances Act, Police Station- Kotwali, District- Banda, subject to cooperation in ongoing investigation. Order Date :- 24.1.2025 SS Digitally signed by :- SURENDER SINGH NARANG High Court of Judicature at Allahabad