MCRC/20472/2021 of SAMEER KHAN Vs THE STATE OF MADHYA PRADESH on 30 December 2021

MCRC No.20472/2021

High Court of Madhya Pradesh, JabalpurBench at Indore Miscellaneous Criminal Case No.20472/2021

(Sameer Khan s/o Haneef Khan

VersusThe State of Madhya Pradesh)

Indore, Dated 30.12.2021

Shri R.K. Shastri, learned counsel for the petitioner.

Shri Pushyamitra Bhargava, learned Additional Advocate Gen-eral appearing along with Shri Valmik Sakargayen, learned PanelLawyer for the respondent / State of Madhya Pradesh.

Shri Rushil Shukla, learned counsel for objector Abdul Salams/o Haji Nisar Mohammad Rangrej (respondent No.4).

Shri Hitansh Sharma, learned counsel for objector RakeshRathore s/o Gopal Rathore (respondent No.5).

Shri Gaurav Tiwari (IPS), Superintendent of Police, DistrictRatlam (MP), Shri Sandeep Kumar Nigwal, S.D.O.P., Ratlam(Rural), District Ratlam (MP) and Shri Deepak Shejwar, Town In-spector, Police Station, Bilpank, District Ratlam (MP) are alsopresent in person.

They are heard. Perused the case diary / challan papers.

This petition under Section 482 of Criminal Procedure Code,1973 (herein after referred to as “the Code”) has been filed by thepetitioner for quashing of the criminal proceedings arising out ofFirst Information Report (FIR) bearing Crime No.114/2021 dated26[th] February, 2021 (Annexure P/1) for commission of offences Pithawe RC

MCRC No.20472/2021

under Section 8 read with Sections 18 and 20 of the Narcotic Drugs & Psychotropic Substances Act, 1985 (herein after referred to as theAct) and also under Sections 25 and 27 of the Arms Act, 1959; andalso being aggrieved by non arrest of respondents No.4 and 5 onaccount of Section 41 (1) (d) of the Act.

For the reasons assigned in the anticipatory bail application Miscellaneous Criminal Case No.58908/2021 (Abdul Rajik s/o Abdul HakimVersusThe State of Madhya Pradesh) order passedtoday itself, in the considered opinion of this Court, no case forquashing of the aforesaid criminal case registered at CrimeNo.114/2021 is made out.

Accordingly, Miscellaneous Criminal Case No.20472/2021being devoid of merits is hereby dismissed.

(Subodh Abhyankar)

Vacation Judge