Disposed¶10

Vijay Goyal Alias Banti v. State of U.P. and Another

Allahabad HC6 Feb 2025A482/3638/2025

Case brief

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What is this about?

Allahabad HC, Application U/S 482 No. 3638 of 2025, decided 18.8.2025 by Saurabh Srivastava, J. Quashing of NDPS/IPC chargesheet (Crime No. 0393/2023, P.S. Jagdishpura, Agra) and cognizance order refused; defences including accused's 100% blindness held triable, not cognizable under s.482 Cr.P.C.; disposed of with no-coercive-action direction subject to lawful mandate for personal appearance.

What did the court decide?

Quashing and stay prayers refused; application disposed of with directions that the applicant appear before the learned court below through counsel and that no coercive action be initiated against him unless mandated as per law for personal appearance. ¶10

Vijay Goyal Alias Banti vs State of U.P. and Another — Narcotics (NDPS) | Allahabad HC (2025)

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Neutral Citation No. - 2025:AHC:140804

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Court No. - 77

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Case :- APPLICATION U/S 482 No. - 3638 of 2025 Applicant :- Vijay Goyal Alias Banti Opposite Party :- State of U.P. and Another Counsel for Applicant :- Ajay Kumar Pandey,Pratiksha Rai Counsel for Opposite Party :- G.A.

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Hon'ble Saurabh Srivastava,J.

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Heard learned counsel for applicant and learned AGA for State.

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Present application has been preferred with prayer to quash the chargesheet dated 28.12.2023 and cognizance/summoning order dated 08.04.2024 including the entire proceedings of S.S.T. No. 839 of 2024 (State vs. Rajkumar @ Bantu and Others) arising out of Case Crime No. 0393 of 2023, under sections 8, 21, 22, 25, 27(a), 29, 60 of NDPS Act and sections 419, 420, 467, 471 IPC, Police Station-Jagdishpura, DistrictAgra, pending in the Court of learned Special Judge (NDPS Act)/Additional Sessions Judge, Court No. 26, Agra as well as to stay the further proceedings of abovementioned case.

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Learned counsel for applicant submitted that the applicant, as per his disability certificate, is 100% blind and unable to perform his daily routine, therefore, the allegations leveled in the FIR cum recovery memo are absolutely false. Only on the basis of presumption that applicant might be involved in criminal conspiracy against the informant, present FIR has been lodged which is liable to be quashed.

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Per contra, learned A.G.A opposed the prayer.

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After hearing the rival submissions extended by learned counsel for the parties and perusing the records, this Court finds that entire arguments whatsoever has been raised through instant application are subject matter of trial and cannot be adjudicated at this stage in proceeding u/s 482 Cr.P.C.. Accordingly, prayer sought through instant application is hereby refused. However, applicant is directed to appear before learned court concerned through counsel. No coercive action shall be initiated against the applicant unless mandated as per law for personal appearance before learned court concerned.

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The application u/s 482 Cr.P.C. stands disposed of accordingly.

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Order Date :- 18.8.2025 #Vik/-

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Digitally signed by :- VIKRAM GUPTA High Court of Judicature at Allahabad

Vijay Goyal Alias Banti v. State of U.P. and Another

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Vijay Goyal Alias Banti v. State of U.P. and Another

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