MUKHIYA SINGH @ ROHIT SINGH v. STATE OF U.P. AND 2 OTHERS
CRLP/16665/2025 · 2025-07-31
Harvir Singh, Rajiv Gupta
body2025
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[ 2025 DAILYLAW 81040 (ALL) · dailylaw.ai ]
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[ 2025 DAILYLAW 81040 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC:129677-DB Court No. - 46 Case :- CRIMINAL MISC. WRIT PETITION No. - 16665 of 2025 Petitioner :- Mukhiya Singh @ Rohit Singh Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Anil Kumar 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 seeks quashing of the FIR dated 7.6.2025, giving rise to Case Crime No. 123 of 2025, under Sections-8/20 of N. D. P. S. Act, Police Station- Mataundh, District-Banda.
3. Learned counsel for the petitioner has submitted that from the allegation made in the first information report, prima facie no offence, complained of, is disclosed against the petitioner.
4. Per contra, learned AGA has submitted that from the allegation made in the first information report, prima facie offence, complained of is clearly disclosed against the petitioner and, as such, the first information report cannot be quashed in view of the law laid down by the Supreme 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 submissions made by learned counsel for the parties and in view of the above facts and
circumstances of the case, we are of the opinion that prima facie offence is clearly disclosed against the petitioner and as such, we are not inclined to quash the impugned first information report.
6. The prayer for quashing the impugned FIR is, therefore, refused.
7. Accordingly, the instant writ petition is dismissed. Order Date :- 1.8.2025 HR Digitally signed by :- HEMANT RANJAN High Court of Judicature at Allahabad