Ram Darash Malviya v. State of U.P. and 3 Others

Court No. - 45 Case :- CRIMINAL MISC. WRIT PETITION No. - 16008 of 2023 Petitioner :- Ram Darash Malviya Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Ankur Vishwakarma,Nitin Sharma,Sunil Kumar Singh Counsel for Respondent :- G.A. Hon'ble Vivek Kumar Birla,J. Hon'ble Vinod Diwakar,J.

¶1Heard Shri Nitin Sharma, learned counsel for the petitioner, Shri G.P. Singh, learned A.G.A. for the State-respondents and perused the record.

¶2The relief sought in this petition is for quashing of the First Information Report dated 06.06.2023 registered as Case Crime No. 0048 of 2023, under Section 8, 20 N.D.P.S. Act, P.S. Shahganj, District Sonbhadra.

¶3At the very outset both parties agreed that the charge-sheet has been submitted against all the four accused persons and the name of the petitioner has figured during investigation on the basis of their statements.

¶4We find that charge-sheet against all the accused has been mentioned. The provisions of NDPS Act are involved, wherein large quantity of contraband was recovered.

¶5Submission of learned counsel for the petitioner is that he has been falsely implicated. Attention was drawn to various grounds taken in the present petition, which we find are nothing but the defence of the petitioner which can not be considered for quashing the FIR, moreso when his name has figured during investigation.

¶6We do not find any good ground to take a different view in the present case.

¶7Therefore, in view of the law laid down by Hon'ble Supreme Court in the case of State of Haryana and others vs. Bhajan Lal and others, 1992 Supp. (1) SCC 335 and M/s Neeharika Infrastructure Pvt. Ltd. vs. State of Maharashtra, AIR 2021 SC 1918 and in Special Leave to Appeal (Crl.) No.3262/2021 (Leelavati Devi @ Leelawati & another vs. the State of Uttar Pradesh) decided on

07.10.2021, no case has been made out for interference with the impugned first information report.

¶8The writ petition stands dismissed. Order Date :- 30.10.2023 A. Tripathi High Court of Judicature at Allahabad