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2025 DAILYLAW 7413 (ALL)

VIDHARAM v. STATE OF U.P. AND ANOTHER

A482/1280/2025 · 2025-05-25

Saurabh Srivastava

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:89723 Court No. - 74 Case :- APPLICATION U/S 482 No. - 1280 of 2025 Applicant :- Vidharam Opposite Party :- State of U.P. and Another Counsel for Applicant :- Rakesh Dubey,Shashi Chood Pandey Counsel for Opposite Party :- G.A. Hon'ble Saurabh Srivastava,J. 1. Heard learned counsel for the parties. 2. Present application has been preferred with the prayer to quash the entire proceeding of Criminal Case no. 986 of 2024 in Case Crime no. 01 of 2023 (State vs. Vidharam) under sections 8/15/29 of NDPS Act, PS- Wajeerganj, District Budaun, pending before learned Additional District Judge/FTC, Court no. 10, Budaun. 3. Learned counsel for applicant submits that the applicant is innocent and has been implicated in the present case by the police due to ulterior motive. The applicant is a licence holder for production of opium and the said fact has not been considered by the police during investigation. He further submits that the provisions of Section 50 of NDPS Act, has not been complied with by the police officers at the time of seizure. The impugned cognizance/summoning order has been passed without application of judicial mind. 4. Per contra, learned AGA vehemently opposed the prayer sought through the instant application. 5. After hearing the rival submissions extended by learned counsels for the parties and perusing the records, this Court made a precise query before learned counsel for applicant that if the version of FIR is being negated by applicant, whether the FIR of present case has ever been put under challenge, the same has been replied in negative. 6. Further, the assertions of false implication raised by the applicant are factual issues that requires proper adjudication by the trial court based on evidence and cannot be conclusively determined in proceedings under Section 482 BNSS. 7. It is well settled that the inherent powers under Section 482 BNSS are to be exercised sparingly and with caution, primarily to prevent abuse of the process of the court or to secure the ends of justice. In the instant case, no sufficient ground have been made out to invoke the extraordinary jurisdiction of this Court under Section 482 BNSS. 8. In view of the foregoing, the application under Section 482 BNSS is devoid of merits and is accordingly dismissed. Order Date :- 26.5.2025 Aditya Tripathi Digitally signed by :- ADITYA TRIPATHI High Court of Judicature at Allahabad Digitally signed by :- ADITYA TRIPATHI High Court of Judicature at Allahabad Digitally signed by :- ADITYA TRIPATHI High Court of Judicature at Allahabad