RINKU SINGH Vs. STATE OF U. P.

JUDGEMENT

(1.) Heard Mr. Rajiv Lochan Shukla, learned counsel for the applicant and Mr. Amit Singh Chauhan, learned A.G.A. for the State.

(2.) The Present case has been filed assailing the order dtd. 3/12/2022 passed by learned Additional District and Sessions Judge, Fast Track Court, Second, District- Hapur in Special Session Trial No.159 of 14 (New No.78 of 2015) vide which the applicant's application under Sec. 91 Cr.P.C. has been rejected.

(3.) Brief facts of the case are that an FIR was lodged by opposite party no.2, S.I. Sanjay Tyagi, against the applicant and co-accused Gaurav Tyagi on 3/7/2014, which was registered as Case Crime No.297 of 2014, under Sec. 18/20 of N.D.P.S. Act, at Police Station- Pilakhua, District- Hapur. The applicant was arrested, after which, he was produced before the Court concerned on 4/7/2014 in police custody and remand was sought by the Police/Investigating Officer and the learned Court below allowed the remand of the applicant till 18/7/2014 vide order dtd. 4/7/2014. The Court concerned while allowing the remand has recorded the statement of the present applicant on oath. Considering the aforesaid natural and trustworthy statement of the present applicant as well as the provisions of Sec. 58 N.D.P.S. Act, the Court below directed the Superintendent of Police, Hapur to conduct an inquiry regarding the reality and correctness of the First Information Report dtd. 3/7/2014 and further directed that the said inquiry report be placed before the learned Court below. The Investigating Officer was directed to give a copy of the aforesaid order to Superintendent of Police, Hapur, DIG, Meerut Range, Meerut by order dtd. 5/7/2014 and submit a report before the Court concerned. The DIG, Meerut was directed to be given a copy of the aforesaid order with the observation that he may direct Superintendent of Police, Hapur to place the enquiry report before the Court concerned and shall also supervise the enquiry.