Dismissed¶22

Kalpendra Chahar @ Kd v. State of U.P. and Another

Allahabad HC6 Feb 2026CRLR/597/2026

Case brief

AI extract

What is this about?

Allahabad High Court, CRLR No. 597 of 2026, decided February 6, 2026 by Abdul Shahid, J. Discharge under N.D.P.S. Act Ss. 8/20 refused; revision against rejection of discharge application dismissed; trial of Kalpendra Chahar @ K.D. upheld on basis of co-accused's statement regarding ganja purchase from Visakhapatnam and sale to Monti alias Faizan.

What did the court decide?

There is sufficient material on record to initiate trial against the revisionist/accused, and he is not entitled to be discharged. ¶21

Kalpendra Chahar @ Kd vs State of U.P. and Another — Cheating and Forgery | Allahabad HC (2026)

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HIGH COURT OF JUDICATURE AT ALLAHABAD

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CRIMINAL REVISION No. - 597 of 2026

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Kalpendra Chahar @ Kd

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.....Revisionist(s)

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	Versus
State of U.P. and Another	.....Opposite Party(s)
Counsel for Revisionist(s)	: Ashutosh Pandey, Pradeep Singh
Counsel for Opposite Party(s)	: G.A.

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Court No. - 87

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HON'BLE ABDUL SHAHID, J.

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Heard learned counsel for the revisionist and learned A.G.A. for the State.

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The present criminal revision has been filed against the order dated 20.12.2025 rejecting the discharge application in Criminal Application in S.T. No. 2023 of 2022 (State versus Kalpendra Chahar @ K.D. and another), passed by the Special Judge (N.D.P.S. Act), Additional Sessions Judge, Court No. 09, Agra, under Sections 8/20 of the N.D.P.S. Act, arising out of Case Crime No. 416 of 2021, under Sections 8/20 of the N.D.P.S. Act, Police Station Malpura, District Agra.

¶10

Learned counsel for the revisionist submits that the present criminal revision has been filed under the N.D.P.S. Act relating to the alleged recovery of ganja. The name of the revisionist/accused surfaced only in the confessional statement of the co-accused. He was neither arrested from the spot nor named initially. After investigation, the charge sheet was filed and the named accused in the F.I.R. was exonerated by the Investigating Officer, whereas the name of the revisionist, Kalpendra Chahar @ K.D., was included. No case is made out against the revisionist/accused, and the impugned order is liable to be set aside.

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On the contrary, learned A.G.A. submits that there is a specific role attributed to the revisionist that the co-accused had purchased ganja from him. Hence, his role is explicit, and he is not entitled to discharge. The criminal revision is liable to be dismissed.

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CRLR No. 597 of 2026

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The alleged incident is dated 11.10.2021. The F.I.R. was lodged on 11.10.2021 under Sections 8/20 of the N.D.P.S. Act, 1985, vide Case Crime No. 416 of 2021 at Police Station Malpura, District Agra. There are three named accused in the F.I.R., namely, 1. Kalpendra Chahar @ K.D., 2. Rahul and 3. Monti @ Faizan. As per the recovery memo, 10 kilograms of intoxicant material (ganja) were recovered along with seven forged Aadhaar cards, one RPF constable identity card, four fabricated SIM cards, three mobile phones, and one Indigo flight ticket. Accordingly, the case was registered under Sections 420, 467, 468, and 471 I.P.C., as well as Sections 8/20 of the N.D.P.S. Act.

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The police team, while patrolling near Lalau Bridge, noticed three boys carrying bags on their backs. When questioned as to why they were standing there, all three attempted to flee towards the highway. The police personnel apprehended all three individuals and enquired about their conduct, but they failed to give any satisfactory explanation. One of them claimed to be a constable and showed an identity card purportedly belonging to the Railway Police. On suspicion, the police enquired about their names and conducted a search. The first person disclosed his name as Rahul, son of Dinesh Joshi. From his possession, six Aadhaar cards, one Indigo flight ticket, one Android Oppo mobile phone, Rs. 700 in cash, and an RPF constable identity card were recovered. The second arrested person disclosed his name as Rahman, son of Yamin, from whom one Android mobile phone and Rs. 1,100 in cash were recovered. From the third person, Salman, son of Akil Ahmad, one keypad mobile phone, one Aadhaar card, and Rs. 800 were recovered.

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Upon enquiry regarding the recovered articles, Rahul stated that ganja was kept in a dirty polythene bag. He further stated that the ganja had been purchased by himself and Kalpendra Chahar @ K.D. from Visakhapatnam and brought to Agra. Thereafter, it was sold to Monti alias Faizan. Sometimes Monti would come himself, and sometimes he would send Salman and Rahman to collect the ganja.

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After a detailed investigation, the charge sheet was filed. The complete address of Monti alias Faizan could not be traced; therefore, his name was separated from the investigation. When the charge sheet was filed against

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CRLR No. 597 of 2026

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¶20

the revisionist, Kalpendra Chahar @ K.D., and Rahul under Sections 8/20 of the N.D.P.S. Act, the role of the revisionist, as mentioned in the F.I.R., was found to be consistent and specifically assigned from the inception of the case. During the entire investigation, his involvement remained consistent, and the charge sheet was filed accordingly.

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There is sufficient material on record to initiate trial against the revisionist/accused, and he is not entitled to be discharged. There is neither any illegality nor irregularity in the impugned order.

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The criminal revision is liable to be dismissed, and it is dismissed accordingly.

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(Abdul Shahid,J.)

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February 6, 2026 K.K. Maurya

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Digitally signed by :- KAMLESH KUMAR MAURYA High Court of Judicature at Allahabad

Kalpendra Chahar @ Kd v. State of U.P. and Another

Case brief

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Kalpendra Chahar @ Kd v. State of U.P. and Another

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