Vidharam vs State of Up and Another

Neutral Citation No. - 2024:AHC:166264

Court No. - 78

Case :- APPLICATION U/S 482 No. - 27464 of 2024

Applicant :- Vidharam Opposite Party :- State of U.P. and Another Counsel for Applicant :- Gaurav Kumar Srivastava,Surya Nath Bhatt

Counsel for Opposite Party :- G.A.

Hon'ble Vinod Diwakar,J.

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The instant application has been preferred with the prayer to quash the entire proceedings of Criminal Case No. 986 of 2024, titled as State v. Vidhyaram & others, arising out of Case Crime No. 501 of 2023, under Section 8/25, 29 NDPS Act, P.S. Vazeernagar, District Badaun, pending before Additional District & Sessions Judge, Court No. 10, Budaun.

Learned counsel for the applicant submit that the applicant is innocent and he has not committed the alleged offence, but he has been implicated in the present case by the police due to ulterior motive. The applicant has a license for production of opium and the said fact has not been considered by the police during investigation. Additionally, the police has not complied with the provisions of Section 50 of NDPS Act. The impugned summoning order has been passed without application of judicial mind.

On perusal of the present application, it reflects that the instant application is defective as the applicant has not filed the chargesheet and other documents on record, like CD's of the case therefore, the prayer made in the application cannot be decided on

the basis of the material available on record.

With the aforesaid observations, the instant application is dismissed with the liberty to the applicant to file a fresh application along with complete set of documents, as may be required.

Order Date :- 18.10.2024 A. Tripathi

Justice Vinod Diwakar

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Digitally signed by :- AKHILESH TRIPATHI High Court of Judicature at Allahabad

Vidharam v. State of Up and Another