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2025 DAILYLAW 13057 (ALL)

ARVIND YADAV v. STATE OF U.P. AND 3 OTHERS

CRLP/1739/2025 · 2025-01-31

Prashant Bilgaiyan Registrar J Criminal, Siddharth

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:14851-DB Court No. - 47 Case :- CRIMINAL MISC. WRIT PETITION No. - 1739 of 2025 Petitioner :- Arvind Yadav Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Tarun Jha 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 6.2.2024, giving rise to Case Crime No. 0016 of 2024, under Sections 8, 20, 29, 60, 61 of N.D.P.S Act. , Police Station- Malawan, District - Etah. 3. Learned counsel for the petitioner submits that charges were framed on the basis of confession of a co-accused. No contraband has been recovered from the petitioner. The alleged vehicle from which the contraband was recovered does not belong to the petitioner. 4. Learned AGA has opposed the submissions made by learned counsel for the petitioner. 5. 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