HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. WRIT PETITION No. - 27895 of 2025 Dharmendra Alias Jatalli .....Petitioner(s)

Versus State of U.P. and Another .....Respondent(s)

Counsel for Petitioner(s) : Divyanshu Pathak, Swarnima Shukla Counsel for Respondent(s) : G.A.

Court No. - 47 HON'BLE RAJEEV MISRA, J.

HON'BLE LAKSHMI KANT SHUKLA, J.

1. Heard Mr. Divyanshu Pathak, the learned counsel for petitioner and the learned AGA representing State-respondents 1 and 2.

2. Perused the FIR.

3. At the very outset the learned counsel for petitioner fairly submits that due to inadvertence, the first informant Sub Inspector Vijay Kumar P.S. Highway, District Mathura could not be impleaded as party respondent/respondent 3 in present Criminal Misc. Writ Petition. It is further contended by the learned counsel for petitioner that in a writ petition challenging arrest, the first informant is a necessary and proper party. In the absence of the first informant as party respondent in a writ petition challenging an arrest, the writ petition shall be bad for non joinder of necessary and proper party.

4. On the above premise the learned counsel for petitioner thus submits that he be permitted to amend the cause title of present writ petition/stay application by impleading the first informant as a party respondent/respondent 3.

5. Prayer made by the learned counsel for petitioners is bona fide. Same is not opposed by the learned A.G.A. Accordingly, it is allowed.

6. Let necessary amendment in the cause title of the writ petition as well as stay application be carried out by the learned counsel for petitioner during course of the day.

7. Petitioner Dharmendra @ Jatalli has approached this Court by means of present Criminal Misc. Writ Petition challenging the remand order dated 08.07.2025 passed by the Judicial Magistrate (NDPS Act)/Additional Sessions Judge, Court No. 7, Mathura in Case Crime No. 629 of 2025 arising out of the FIR dated 08.07.2025 lodged by first informant/respondent

3 Sub Inspector Vijay Kumar.

8. It transpires from record that an FIR dated 08.07.2025 was lodged by first informant/respondent 3 Sub Inspector Vijay Kumar and was registered as Case Crime No. 0629 of 2025, under sections 3,25 of the Arms Act, Section 21 and 22 of the NDPS Act, P.S. Highway, District Mathura. In the aforesaid FIR three persons namely 1) Dharmendra @ Jatalli, 2) Yogesh Chaudhary (Juvenile) and 3) Nitin Gautam were nominated as named accused.

9. The prosecution story as unfolded in the FIR is to the effect that on a routine beat a four wheeler (car) i.e. a white Wagon R Car without a number plate and black glasses on which the words "Police" was written was spotted. The police team gave a signal to stop but the vehicle attempted to flee. After chase it was intercepted. Thereafter three persons who were riding in the said vehicle were arrested. They disclosed their identity as Dharmendra @ Jatalli (Driver of the vehicle), Nitin Gautam (passenger) and Yogesh Chaudhary (passenger). From the possession of Dharmendra @ jatalli a black polythene bag was recovered from the right side pocket of his pant. Upon inquiry it was declared by Dharmendra @ Jatalli that it is Alprazolam a narcotic substance. Similar recovery was made from the possession of co-passenger Yogesh Chaudhary. From the person of co- passenger Nitin Gautam a country made 315 bore pistol and two live cartridge were recovered. In all 260 gm of Alprazolam powder a narcotic substance was recovered. Accordingly the aforesaid persons were arrested.

10. Learned counsel for petitioner submits that the petitioner was arrested on 07.07.2025, pursuant to an arrest memo, copy of which is on record at page 53 of the paper book. For ready reference the arrest memo itself is produced herein below:-

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िगरफ्तारी मेमो

( -2023 35 )

भारतीय नागिरक सुरक्षा संिहता की धारा के अन्तगर्त ( )

माननीय सवोर्च्च न्यायालय के िनदेर्शानुसार ______________________

िगरफ्तार व्यिक्त के हस्ताक्षर गवाह

1- ________________ 2- ________________

अन्वेषण अ