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High Court of Punjab and Haryana · body

2025 DAILYLAW 74995 (PNJ)

KINSHUK GOYAL v. STATE OF HARYANA

CRM-M/35026/2025 · 2025-07-07

Rajesh Bhardwaj

body2025

Judgment text

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155 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM-M-35026-2025 Date of Decision: 07.07.2025 Kinshuk Goyal ..... Petitioner Versus State of Haryana .......Respondent CORAM: HON'BLE MR. JUSTICE RAJESH BHARDWAJ Present: Mr.Jasdev Singh Mehndiratta, Advocate, for the petitioner. Mr. Sumit Jain, Addl. AG, Haryana. Rajesh Bhardwaj, J. (ORAL) Prayer in the present petition is for quashing of order dated 27.06.2025 (Annexure P-8) passed by learned Additional Sessions Judge (Vacation Judge), Gurugram alongwith all consequential proceedings arising therefrom, whereby, the order dated 18.06.2025 (Annexure P-3) passed by learned JMIC, Gurugram in FIR No.299, dated 17.06.2025 registered under Sections 22(c), 20(b)(II) of the Narcotic Drugs and Psychotropic Substances Act, 1985, at Police Station Badshahpur, Gurugram has been set aside. Precise submission made by counsel for the petitioner is that learned Magistrate has rightly declined the grant of remand of the petitioner vide order dated 18.06.2025, however, in the revision petition, learned Revisional Court has illegally declined the same and thus, has illegally remanded the case to learned Magistrate. After arguing, he submits that apprehension of the petitioner is to the effect that he would be arrested after the order passed by learned Revisional Court. The Court finds the apprehension projected by learned counsel for the petitioner genuine. SHARMILA DEVI 2025.07.07 18:49 I attest to the accuracy and integrity of this order/judgment PHHC CRM-M-35026-2025 -2- Learned counsel for the petitioner prays for withdrawal of the present petition with liberty to the petitioner to pursue his remedy before learned Magistrate, where learned Revisional Court has remanded the case for passing the order afresh. Allowed to do so. Dismissed as withdrawn with liberty as prayed for. However, no coercive action shall be taken against the petitioner till fresh decision is taken by learned Magistrate on the application filed. Learned Magistrate would decide the case within a period of one week from the date of receipt of certified copy of this order. (RAJESH BHARDWAJ) 07.07.2025 JUDGE sharmila Whether Speaking/Reasoned : Yes/No Whether Reportable : Yes/No SHARMILA DEVI 2025.07.07 18:49 I attest to the accuracy and integrity of this order/judgment PHHC