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Neutral Citation No. - 2025:AHC:22829-DB Court No. - 43 Case :- CRIMINAL MISC. WRIT PETITION No. - 3067 of 2025 Petitioner :- Ajit Kasera Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Ashish Kumar Counsel for Respondent :- G.A. Hon'ble Vivek Kumar Birla,J. Hon'ble Nalin Kumar Srivastava,J.
1. Heard Sri Ashish Kumar, learned counsel for the petitioner and learned A.G.A for the State respondents.
2. The relief sought in this petition is for quashing of the F.I.R. dated 5.12.2025,, registered as Case Crime No. 0160 of 2024, under Section 8/20 NDPS Act, Police Station Babhani, District Sonbhadra. Further prayer has been made not to arrest the petitioner in the aforesaid case.
3. Submission of the learned counsel for the petitioner is that the petitioner has been falsely implicated and no offence is made out against the petitioner. It is further submitted that nothing was recovered from the possession of the petitioner and it is only on the basis of the statement of co-accused the petitioner has been falsely implicated in the present case because of personal rivalry that had taken place in last holi festival with co-accused Shivam Sonkar @ Sonu.
4. Learned AGA opposed the prayer for quashing of the FIR, which discloses cognizable offence.
5. Perusal of the impugned first information report prima facie reveals commission of cognizable offence. We also find that the petitioner has been specifically named by two co-accused, namely, Shivam Sonkar @ Sonu and Vishal Sharma and they have also stated about repeated transactions with him.
6. Therefore, in view of the law laid down by Hon'ble Supreme Court in the case of State of Haryana and others vs. Bhajan Lal and others, 1992 Supp. (1) SCC 335 and M/s Neeharika Infrastructure Pvt. Ltd. vs. State of Maharashtra, AIR 2021 SC 1918 and in Special Leave to Appeal (Crl.) No.3262/2021 (Leelavati Devi @ Leelawati & another vs. the State of Uttar Pradesh) decided on 07.10.2021, no case has been made out for interference with the impugned first information report.
7. Therefore, the writ petition is dismissed. Order Date :- 18.2.2025 Abhishek Digitally signed by :- ABHISHEK AGRAHARI High Court of Judicature at Allahabad