Ashok Yadav @ Pradhan vs State of U.P. Thru. Secy. Home Lko. and Another

"To quash the order dated 18.07.2025 passed by the Additional Session Judge /FTC1/Special Judge, N.D.P.S. Act, Raebareli, in Crime No.45/2025, U/s 27(a), 29, 60(3), 20(b)(ii), 8 of N.D.P.S Act, Police Station- Deeh, District- Raebareli and further direct the opposite parties to conduct the further investigating of the case to collect the CCTV Footage of the location stated by the petitioner in the application dated 30.05.2025 and further direct the opposite parties to transfer the investigation of the Crime No.45/2025 to the any independent agency by collect CCTV footage at Tripula Chauraha, Ratapur Chauraha, and Civil Line Chauraha, police line dated 28.02.2025 from 3pm to 5pm & police line, Degree Collage Chauraha to Civil Line Chauraha to Gora Bazar, on 01.03.2025 about 6am to 9am for the proper investigation."

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3. On 03.12.2025, following order was passed:-

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"1. Heard learned counsel for the applicant, learned A.G.A. for the State and perused the material available on record.

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2. This application has been filed seeking following prayer.

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"Wherefore, it is most respectfully prayed that this Hon'ble court may kindly be please to quashed/set aside the 18.07.2025 passed by the Additional Session Judge/FTC1/SPecial Judge, N.D.P.S. Act, Raibarelli, in Crime No 45/2025, U/s 8/20(b)(2b)/27A/29/60(3) N.D.P.S Act Police Station-Deeh, District Raibarelli and

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NA528 No. 1834 of 2025

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further direct the opposite parties to conduct the further investigating of the case to collect the CCTV Footage of the location stated by the petitioner in the application dated 30.05.2025 and further direct the opposite parties to transfer the investigation of the Crime No 45/2025, U/s 8/20(b)(2b)/27A/29/60(3) N.D.P.S Act Police StationDeeh, District Raibarelli to the any independent agency by collect CCTV footage at Tripula Chauraha, Ratapur Chauraha, and Civil Line Chauraha, police line dated 28.02.2025 from 3pm to 5 pm & police line, Degree collage Chauraha to civil line chauraha to Gora Bazar, on 01.03.2025 about 6am to 9am for the proper investigation."

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3. Learned counsel for the applicant submits that due to political interference, applicant has been implicated in a number of cases after 2023. In the present case, he was picked up by the police team on 28th February, 2025 at 6.00 p.m. from Ratapur Chauraha and was brought to the police barrack, where he was kept illegally for the whole night and was also tortured. Thereafter, he was shifted to Police Station Deeh, District Raebareli on the next date. Later on, he was challaned in the present case by showing false recovery of contraband. Learned counsel for the applicant vehemently submits that during the course of investigation, the applicant made repeated requests to several authorities for collection of CCTV footage from Ratapur Chauraha to Civil Lines Chauraha as well as Police Station Deeh, but the same was not collected. It is also submitted that a petition, i.e., Criminal Misc. Writ Petition No. 3288 of 2025 was filed by the applicant, which was disposed of by a Division Bench of this Court vide order dated 23.04.2025 with the liberty to the applicant to move appropriate application before the court concerned.

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Thereafter, application was filed before the Special Judge, NDPS Act with the same request, but the same was rejected with the observation that the charge sheet has already been filed. Attention of the Court has been drawn on the questionnaire issued by the concerned court dated 07.11.2025, in which, it is admitted that the charge sheet has not been received in the court till the said date. It is, thus, submitted that the indulgence of this Court is necessary and the direction may be issued to appropriate Agency for re-investigation of the case.

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4. List this case on 12.12.2025.

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5. On the next date, S.H.O/Investigating Officer of case in question shall appear before this Court along with complete case diary."

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In pursuance of aforesaid order, Sub Inspector- Mr. Shashank Pandey, Police Station- Deeh, District- Raebareli is present today before this

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NA528 No. 1834 of 2025

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Court. He informs that the investigation has already been concluded.

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The case diary reveals that the version of the applicant was not considered in accordance with the provisions of Para 107 of U.P. Police Regulation. There are serious allegations against the police personnel.

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In view of above, the matter requires consideration.

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The trial Court is directed to return complete case diary alongwith police report to the Superintendent of Police, Raebareli, forthwith.

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The Superintendent of Police, Raebareli is directed to send all these records to Director General of C.B.C.I.D., Lucknow, U.P., forthwith.

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The Director General, C.B.C.I.D. is directed to assign the investigation to a responsible officer not below the rank of Deputy Superintendent of Police and shall ensure that fresh investigation be conducted in relation to the allegations of the applicant considering the provisions of Para 107 of U.P. Police Regulation and shall also submit a police report to the Court concerned, expeditiously.

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10. List this case on 13.04.2026.

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By the next date, the responsible officer of C.B.C.I.D. shall file affidavit of compliance alongwith the status of investigation.

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(Rajeev Singh,J.)

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December 12, 2025

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Arpan

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Digitally signed by :- ARPAN High Court of Judicature at Allahabad, Lucknow Bench

Ashok Yadav @ Pradhan v. State of U.P. Thru. Secy. Home Lko. and Another

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Ashok Yadav @ Pradhan v. State of U.P. Thru. Secy. Home Lko. and Another

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