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2025 DAILYLAW 12153 (ALL)

SACHIN PANDEY v. STATE OF U.P. AND 2 OTHERS

CRLP/1744/2025 · 2025-01-31

Prashant Bilgaiyan Registrar J Criminal, Siddharth

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:14793-DB Court No. - 47 Case :- CRIMINAL MISC. WRIT PETITION No. - 1744 of 2025 Petitioner :- Sachin Pandey Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Pawan Kumar Rai,Satyendra Kumar Mishra Counsel for Respondent :- G.A. Hon'ble Siddharth,J. Hon'ble Praveen Kumar Giri,J. 1. Heard learned counsel for the petitioner, learned A.G.A. for the State-respondents and perused the material on record. 2. The writ petition has been filed praying for quashing the F.I.R. dated 31.10.2024 giving rise to Case Crime No. 0082 of 2024, under Sections - 8/21 of Narcotic Drugs and Psychotropic Substance Act, Police Station- Shahganj, District - Sonebhadra. 3. The allegation against the petitioner is that he involved in the alleged offence. 4. Learned counsel for the petitioner submits that the petitioner has no concern with Diwakar Sharma-co-accused. He is innocent and has been falsely implicated in this case on the basis of the statement given by co-accused. No recovery of any contraband has been made from the petitioner. 5. Learned AGA has opposed the submissions made by learned counsel for the petitioner. 6. For the reasons given in the order dated 10.7.2024 passed in Criminal Misc. Writ Petition No.7463 of 2024, this writ petition is disposed of directing that till submission of police report under Section 173(2) Cr.P.C./193(3)BNSS, the respondents are restrained from arresting the petitioner pursuant to the impugned First Information Report, subject to cooperation in ongoing investigation. Order Date :- 31.1.2025 S.K.S. Digitally signed by :- SUNIL KUMAR SINGH High Court of Judicature at Allahabad