Court No. - 47
Case :- CRIMINAL MISC. WRIT PETITION No. - 8460 of 2021 Petitioner :- Bilal@Bilal Chaudhary Respondent :- State of U.P. and Others Counsel for Petitioner :- A.Z.Khan Counsel for Respondent :- G.A.
Hon'ble Mahesh Chandra Tripathi,J. Hon'ble Ram Krishna Gautam,J.
Heard learned counsel for the petitioner and the learned A.G.A.
This writ petition has been filed praying for the following main reliefs:
"a. To issue a writ, order or direction in the nature of certiorari quashing the impugned F.I.R. dated 11.9.2021 lodged by the respondent No. 4 against the petitioner in Case Crime No. 0456 of 2021 in U/s 8, 21, 29 and 60 Narcotic Drugs and Psychotropic Substance Act 1985 registered at Police Station Gangoh, District Saharanpur.
b. To issue a writ, order or direction in the nature of mandamus commanding the respondent Nos. 2 and 3 not to arrest the petitioner in Case Crime No. 0456 of 2021 in U/s 8, 21, 29 and 60 Narcotic Drugs and Psychotropic Substance Act 1985 registered at Police Station Gangoh, District Saharanpur."
Perusal of the impugned first information report prima facie reveals commission of cognizable offence. 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 Supp. (1) SCC 335 and M/s Neeharika Infrastructure Pvt. Ltd. vs. State of Maharashtra, AIR 2021 SC 1918, no case has been made out for interference with the impugned first information report.
Therefore, the writ petition is dismissed leaving it open for the petitioner to apply before the competent court for bail as permissible under law and in accordance with law.
The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad, self attested by the petitioner alongwith a self attested identity proof of the said person (preferably Aadhar Card) mentioning the mobile number to which the said Aadhar Card is linked.
The concerned Court/Authority/Official shall verify the authenticity of such computerized copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing.
Order Date :- 28.9.2021 Jaswant Digitally signed by JUSTICE MAHESH CHANDRA TRIPATHI Date: 2021.09.29 09:42:48 IST Reason: Document Owner Location: High Court of Judicature at Allahabad Digitally signed by RAM KRISHNA GAUTAM Date: 2021.09.29 10:01:32 IST Reason: Document Owner Location: High Court of Judicature at Allahabad