Court No. - 45
Case :- CRIMINAL MISC. WRIT PETITION No. - 2670 of 2021 Petitioner :- Sunil Kumar Kashyap Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Rizwan Ahmad(Qureshi),Aysha Begum Counsel for Respondent :- G.A.
Hon'ble Pritinker Diwaker,J. Hon'ble Samit Gopal,J.
Sri Rizwan Ahmad Qureshi, learned counsel for the petitioner and Sri Amit Sinha, learned AGA for the State.
This writ petition has been filed by the petitioner, seeking quashment of FIR dated 25.9.2020 in respect of Crime No.911 of 2020 for the offence under Section 8/22 of NDPS Act, Police Station Naubasta, District Kanpur Nagar.
Counsel for the petitioner submits that proper name of the petitioner has not been mentioned in the FIR and merely on the basis of name mentioned in the FIR, it cannot be presumed that it is the present petitioner, who is being caught by the police. He further submits that the wife of the petitioner is the owner of a medicine shop and, if any act has been done by his wife, petitioner cannot be held to be liable. Learned counsel further submits that as on date there is no clinching evidence against the petitioner showing his involvement.
It has been further argued that, if the impugned FIR cannot be quashed then, at least, in the larger interest of justice, petitioner may be protected by granting an interim order, so that he can approach the competent Court.
On the other hand, learned State Counsel has argued that on perusal of the impugned FIR, prima facie, cognizable offence has been made out. He submits that the impugned FIR discloses the name of the petitioner and the investigation cannot be interfered by this Court at this stage.
Prima facie, a bare perusal of FIR, cognizable offence is made out against the petitioner. No ground for interference is made out.
Petition is, accordingly, dismissed.
The party shall file a computer generated copy of this order downloaded from the official website of High Court Allahabad, self-attested by the petitioners, along with a self-attested identify proof of the said person (s) (preferably Aadhar Card).
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 :- 6.4.2021 RKK/-