Court No. - 49
Case :- CRIMINAL MISC. WRIT PETITION No. - 2778 of 2021 Petitioner :- Rajesh Mishra @ Ravindra Kumar Mishra Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Surya Kant Tiwari,Indresh Kumar Mishra Counsel for Respondent :- G.A.
Hon'ble Bachchoo Lal,J.
Hon'ble Sanjay Kumar Pachori,J.
Heard learned counsel for the petitioner, learned A.G.A. for the State respondents and perused the record.
The present writ petition has been filed by the petitioner for quashing of the impugned first information report dated 19.2.2021 registered as case crime no. 55 of 2021 under section 8/20 NDPS Act, police station Koraon District Prayagraj with a further prayer not to arrest the petitioner in pursuance of the aforesaid first information report.
Submission of learned counsel for the petitioner is that the petitioner has not been arrested on spot. Nothing has been recovered from his possession. His name came into light in the statement of arrested accused namely Krishna Kant Mishra from whose possession recovery of 1 kg. and 100 gm. ganja has been shown. It has further been submitted that the petitioner had not supplied ganja to the arrested accused. The petitioner is doing a job in a private company. He has no concern with the alleged incident. There is no independent witness of the alleged recovery. False story has been concocted by the police. No offence is made out against the petitioner.
Per contra learned A.G.A. opposed the prayer for quashing of the first information report.
As per first information report, on 19.2.2021 at about 8.10 hours Krishna Kant Mishra was arrested by the police with 1 kg. and 100 gm. ganja. On being query, he disclosed that ganja has been supplied to him by the petitioner Rajesh Mishra. The name of petitioner came into light in the statement of arrested accused Krishna Kant Mishra. From the allegation made in the first information report, it cannot be said that no cognizable offence is made out against the petitioner.
Considering the facts and circumstances of the case, we do not find any ground to quash the first information report, therefore, prayer for quashing the same is refused and the writ petition is hereby dismissed.
Order Date :- 7.4.2021 Gss