Neutral Citation No. - 2025:AHC:76803-DB Court No. - 46 Case :- CRIMINAL MISC. WRIT PETITION No. - 8552 of 2025 Petitioner :- Dilip Yadav Respondent :- The State Of U.P. And 2 Others Counsel for Petitioner :- Ali Hasan,Nisar Ahmed Counsel for Respondent :- G.A. Hon'ble Rajiv Gupta,J. Hon'ble Harvir Singh,J. 1. Heard learned counsel for the petitioner, learned A.G.A. for the State and perused the record. 2. The instant writ petition has been filed by the petitioner with the prayer to quash the FIR dated 07.01.2024 giving rise to Case Crime No. 3 of 2024, under Section 8/20 N.D.P.S. Act, Police Station Kadaura, District Jalaun. 3. Learned counsel for the petitioner has submitted that from the allegations made in the first information report, prima facie no offence, complained of, is disclosed against the petitioner and as such, the impugned first information report is liable to be quashed. 4. Per contra, learned AGA has submitted that in the instant case, the petitioner has not been cooperating in the on going investigation and, as such, non bailable warrant has been issued against him. He has further submitted that from the allegations made in the first information report, prima facie offence is clearly disclosed against the petitioner, therefore, the impugned first information report can not be quashed in view of law laid down by the Hon'ble Apex Court in the case of State of Telangana Vs. Habib Abdullah Jellani reported in (2017) 2 SCC 779, Neeharika Infrastructure Pvt. Ltd. vs. State of Maharashtra and Others reported in (2021) SCC Online SC 315 and in a recent decision of the Hon'ble Apex Court in Criminal Appeal No. 843 of 2024, Directorate Enforcement Vs. Niraj Tyagi and others. 5. Having considered the rival submission made by learned counsel for the parties and taking into consideration the fact that in the instant case, the petitioner has not been cooperating in the on going investigation, consequent thereto, non bailable warrant has been issued against him and in view of the allegations made in the FIR and the relevant law cited by learned AGA and the fact that impugned first information report discloses cognizable offence against the petitioner, we are of the opinion that the impugned first information report can not be quashed. 6. The prayer for quashing the impugned first information report is therefore, refused. 7. With the aforesaid observations, the instant writ petition stands dismissed. Order Date :- 12.5.2025 Vikram Digitally signed by :- VIKRAM SINGH High Court of Judicature at Allahabad