Court No. - 40
Case :- CRIMINAL MISC. WRIT PETITION No. - 2688 of 2021 Petitioner :- Irfan @ Jyoti Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Rajesh Shukla Counsel for Respondent :- G.A.
Hon'ble Manoj Misra,J.
Hon'ble Rohit Ranjan Agarwal,J.
Heard learned counsel for the petitioner; learned A.G.A. for the respondents 1, 2 and 3; and perused the record.
The instant petition seeks quashing of the first information report dated 25.02.2021 registered as Case Crime No.93 of 2021, under Sections 8/21 and 29/60 of N.D.P.S. Act, P.S. Gangoh, District Saharanpur.
The allegation in the impugned first information report is in respect of recovery of contraband article (smack) and weapon etc from co-accused. Those persons have disclosed that they have made purchase of the contraband article from the petitioner.
The contention of the learned counsel for the petitioner is that the petitioner has been falsely implicated.
Whether the allegation is true or false is to be determined on the basis of material collected during the course of investigation and the evidence led in trial, if any required. But, as the impugned first information report discloses commission of cognizable offence the investigation of the case would have to be carried out and therefore, the prayer of the petitioner to quash the first information report cannot be accepted.
The petition is dismissed without prejudice to the right of the petitioner to apply for bail.
Order Date :- 7.4.2021 AKShukla/-