Court No. - 40
Case :- CRIMINAL MISC. WRIT PETITION No. - 2625 of 2021 Petitioner :- Sandeep Tripathi @ Sandeep Kumar Tripathi Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Punya Sheel Pandey Counsel for Respondent :- G.A.
Hon'ble Manoj Misra,J.
Hon'ble Rohit Ranjan Agarwal,J.
Heard learned counsel for the petitioner; the 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 03.03.2021 registered as Case Crime No. 97 of 2021 at P.S. Jhunsi, District- Prayagraj, under Section 8/20 of The Narcotic Drugs and Psychotropic Substances Act, 1985.
The allegation in the impugned first information report is in respect of recovery of Ganja (a contraband article) from the co- accused. The petitioner is stated to be standing with the co- accused but upon seeing the police party, escaped. The complicity of the petitioner has come to light from the confessional statement of the co-accused.
The contention of the learned counsel for the petitioner is that the petitioner has been falsely implicated.
Whether the allegations are 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, and therefore, on the grounds taken, 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 Kushal