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Suveg Singh Alias Chhaveg vs State Of Uttarakhand And Others
2025 Latest Caselaw 2323 UK

Citation : 2025 Latest Caselaw 2323 UK
Judgement Date : 10 March, 2025

Uttarakhand High Court

Suveg Singh Alias Chhaveg vs State Of Uttarakhand And Others on 10 March, 2025

Author: Pankaj Purohit
Bench: Pankaj Purohit
                                                         2025:UHC:1658
HIGH COURT OF UTTARAKHAND AT NAINITAL
           Writ Petition Criminal No. 8 of 2025
Suveg Singh Alias Chhaveg                                --Petitioner
                               Versus
State Of Uttarakhand and Others                     --Respondents
----------------------------------------------------------------------
Presence:-
      Mr. Subhash Joshi, learned counsel for petitioner.
      Mr. Kuldeep S. Rawal and Mr. Bhaskar Chandra Joshi,
      learned A.G.A. with Mr. Vipul Painuli and Ms. Sweta
      Dobhal, learned Brief Holder for the State of
      Uttarakhand.

Hon'ble Pankaj Purohit, J.

Heard learned Counsel for the parties.

2. By means of the present writ petition, petitioner has put to challenge the First Information Report No.200 of 2024 dated 11.06.2024 to the extent of Section 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985 qua the petitioner, registered with Police Station Khatima, District Udham Singh Nagar and further for a direction to respondent Nos.1 & 2 not to adopt any coercive method including arrest of the petitioner, in respect of FIR dated 11.06.2024 lodged by the respondent No.3.

3. It is contended by the learned counsel for the petitioner that the petitioner has been implicated in the present case on the basis of the statement of co-accused while in police custody and there is no evidence on record which links the petitioner to the alleged offence. He further contended that he has been falsely implicated in the present case and the entire prosecution story as narrated in the FIR is highly improbable and unbelievable, therefore, the petitioner deserves some protection by this Court.

2025:UHC:1658

4. Learned State Counsel has filed counter affidavit. In its counter affidavit, it has been stated that the involvement of the present petitioner is well established from the CDR of the mobile phone of co- accused bearing No.8958178277 and mobile phone used by present petitioner i.e.7906231120, which shows that the location of both the mobile phones found at one place, this fact is evidently clear from the extract of the case diary regarding the perusal of CDR of both the mobile phones mentioned above. It has also been stated in the counter affidavit that the petitioner had committed a very serious offence and he is not cooperating with the investigation and furthermore, he had a long criminal history, hence, he is not entitled for any relief.

5. From perusal of the first information report, it transpires that the allegations made in the first information report are very serious and discloses commission of offence. During investigation, his involvement was also established from the CDR referred in Para-4 of this judgment and order. Hence, this Court does not want to interfere in the impugned FIR by exercising discretionary jurisdiction under Article 226 of the Constitution of India. Accordingly, the present criminal writ petition is dismissed.

6. Pending application, if any, stands disposed of accordingly.

(Pankaj Purohit, J.) 10.03.2025 PN

 
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