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2025 DAILYLAW 178287 (ALL)

AKHILESH KUMAR v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO. AND OTHERS

/11328/2025 · 2025-12-02

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. WRIT PETITION No. - 11328 of 2025 Court No. - 11 HON'BLE ABDUL MOIN, J. HON'BLE MRS. BABITA RANI, J. 1. Heard learned counsel for the petitioner and learned AGA appearing for the respondents. 2. By means of the instant petition, the petitioner has raised a challenge to the FIR dated 28.10.2025 vide Case Crime No. 0924 of 2025 under Sections 8 & 20 of N.D.P.S. Act, 1985, registered at Police Station Kotwali Sadar, District Lakhimpur Kheri. 3. The contention of learned counsel for the petitioner is that bare perusal of the impugned FIR would indicate that one Sri Jagdish Bind was caught with Ganja and he has been charged under the provisions of N.D.P.S. Act. The statement was taken per which he indicated that he was going to sell the seized contraband to the petitioner, and thus, it is only on the basis of the confessional statement given by co-accused arrested by the police on spot, the petitioner has been roped in the said FIR. 4. On the other hand, learned AGA states that the investigation is still continuing. 5. Considering the aforesaid the writ petition is disposed of with the direction to the respondent authorities not to take any coercive action against the petitioner in pursuance to the impugned FIR till some credible or cogent evidence emerges against him. Versus Counsel for Petitioner(s) : Rama Kant Dixit, Shivam Mehrotra Counsel for Respondent(s) : G.A. Akhilesh Kumar .....Petitioner(s) State Of U.P. Thru. Prin. Secy. Home Lko. And Others .....Respondent(s) 6. Needless to mention that the petitioner shall cooperate in the investigation. 7. It is also provided that in case the petitioner does not cooperate in the said investigation it would be open for the Investigating Officer or the complainant to file appropriate application for vacation of this order. December 2, 2025 Reena/- CRLP No. 11328 of 2025 2 (Mrs. Babita Rani,J.) (Abdul Moin,J.) Digitally signed by :- REENA KANNAUJIYA High Court of Judicature at Allahabad, Lucknow Bench