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2025 DAILYLAW 92432 (ALL)

SHAMSHAD v. STATE OF U.P. AND 3 OTHERS

CRLP/19980/2025 · 2025-09-08

Pramod Kumar Srivastava, Vivek Kumar Birla

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. WRIT PETITION No. - 19980 of 2025 Court No. - 42 HON'BLE VIVEK KUMAR BIRLA, J. HON'BLE PRAMOD KUMAR SRIVASTAVA, J. 1. Heard Sri Jainendra Kumar Pandey, learned counel for the petitioner and Sri Pankaj Kumar, learned A.G.A. for the State and perused the record. 2. The relief sought in this petition is for quashing of the F.I.R. dated 22.08.2025, registered as Case Crime No.313 of 2025, under Sections 8/21/29 of N.D.P.S. Act, 1985, Police Station Nakur, District Saharanpur. Further prayer has been made not to arrest the petitioner in the aforesaid case. 3. Submission of learned counsel for the petitioner is that petitioner was not arrested on the spot and he has been falsely implicated merely because when the accused Ashan was arrested then he disclosed his name and merely on that basis he has been falsely implicated and there is no recovery from the petitioner. 4. Per contra, learned A.G.A. has opposed the prayer and submits that the allegatins are of dealing in narcotics and the petitioner has a criminal history of five cases of NDPS Act and three cases of section 379 and 411 ICP. 5. Perusal of the impugned first information report prima facie reveals commission of cognizable offence. 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 Versus Counsel for Petitioner(s) : Jainendra Kumar Pandey, Vipin Chandra Pandey Counsel for Respondent(s) : G.A. Shamshad .....Petitioner(s) State Of U.P. And 3 Others .....Respondent(s) 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. September 9, 2025 Kumar Manish CRLP No. 19980 of 2025 2 (Pramod Kumar Srivastava,J.) (Vivek Kumar Birla,J.) Digitally signed by :- MANISH TRIPATHI High Court of Judicature at Allahabad