Court No. - 47
Case :- CRIMINAL MISC. WRIT PETITION No. - 24120 of 2019 Petitioner :- Bhura @ Krishna Kumar Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Yogesh Kumar Tiwari Counsel for Respondent :- G.A.
Hon'ble Manoj Misra,J. Hon'ble Virendra Kumar Srivastava,J.
Heard learned counsel for the petitioner; learned AGA for respondents 1 and 2; and perused the record.
The instant petition seeks quashing of the first information report dated 26th October, 2019 registered as Case Crime No.286 of 2019, under Section 8/15 N.D.P.S. Act at Police Station Khurja Dehat, District Bulandshahar.
The contention of learned counsel for the petitioner is that the name of the petitioner has come to light on the confessional statement of the co-accused and that the petitioner is shown to have absconded from the spot. It has been submitted that the petitioner has been falsely implicated and he has no previous criminal history.
Be that as it may, it is well settled that the correctness of the allegations are not to be tested in the writ jurisdiction, at this stage, because the correctness of allegations would have to be tested on the basis of material collected during investigation and evidence led in trial.
In view of the above, the petition is dismissed without prejudice to the right of the petitioner to apply for bail as may be advised.
Order Date :- 26.11.2019. Rks.