Ashok Jaiswal @ Golu v. State of U.P. and 2 Others

Court No. - 43 Case :- CRIMINAL MISC. WRIT PETITION No. - 16543 of 2023 Petitioner :- Ashok Jaiswal @ Golu Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Shailesh Pandey Counsel for Respondent :- G.A. Hon'ble Anjani Kumar Mishra,J. Hon'ble Rajendra Kumar-IV,J.

¶1Heard learned counsel for the petitioner and learned A.G.A. for the State and perused the record.

¶2The instant petition seeks quashing of the impugned F.I.R. dated

01.03.2021 giving rise to Case Crime No. 079 of 2021, under Section 8/20 N.D.P.S. Act, Police Station Koraon, District Prayagraj.

¶3The contention of learned counsel for the petitioner is that he is not named in the first information report.

¶4In our considered opinion, since, the petitioner is not named in the first information report, he has no locus to file this writ petition.

¶5In case, his name has come to light during investigation, it is evidence which may have been collected during investigation that would not render the first information report liable to challenge.

¶6The writ petition is therefore dismissed, without prejudice to the right of the petitioner to apply for bail/ anticipatory bail. Order Date :- 19.10.2023 Anjali High Court of Judicature at Allahabad