Umesh v. State of U.P. and 2 Others

Court No. - 43 Case :- CRIMINAL MISC. WRIT PETITION No. - 18222 of 2023 Petitioner :- Umesh Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Mahendra Tripathi Counsel for Respondent :- G.A. Hon'ble Anjani Kumar Mishra,J. Hon'ble Arun Kumar Singh Deshwal,J.

¶1Heard learned counsel for the petitioner and learned AGA for the State.

¶2The instant writ petition seeks quashing of the FIR dated

06.04.2022 giving rise to Case Crime No.205 of 2022, under Sections 8/20 N.D.P.S. Act, Police Station-Atmaddaula, District-Agra.

¶3The impugned FIR is under NDPS Act. This Court is not inclined to entertain the writ petition pertaining to offences under the NDPS Act.

¶4Contention of learned counsel for the applicant is that the petitioner was present at spot 60 km away from the site of incident and it is a report based on CCTV footage to support this alibi.

¶5The writ court in a petition seeking quashing of the first information report cannot consider the plea of alibi which necessarily requires consideration of evidence. Such consideration is beyond the scope of the petition itself.

¶6The writ petition is, therefore, dismissed without prejudice to the right of the petitioner to apply for bail/anticipatory bail. Order Date :- 23.11.2023 A.Kr. High Court of Judicature at Allahabad