2026:BHC-NAG:684-DB IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR CRIMINAL WRIT PETITION No.397 OF 2019 Mohit s/o Rajkumar Shahu, Aged about 24 years, Occ: Business, R/o. Plot No. 88, 89, Kolba Swami Nagar, Binaki Mangalwari, Near N.I.T. Ground, Nagpur. : PETITIONER ...VERSUS...

1. State of Maharashtra, through Home Department, Mantralaya, Mumbai.

2. The Commissioner of Police, Nagpur City, Nagpur.

3. State of Maharashtra, through Panchpaoli Police Station, Nagpur (Maharashtra).

4. Raj Choudhary, Constable, presently posted at Panchpaoli Police Station, Nagpur (Maharashtra).

5. Gajanan Nishitkar, Constable, presently posted at Panchpaoli Police Station, Nagpur (Maharashtra). 6. Sachin Sonwane, Constable, presently posted at Panchpaoli Police Station, Nagpur (Maharashtra)

7. Vijay Lande, Constable presently posted at Panchpaoli Police Station, Nagpur (Maharashtra).

8. Sanjay Gite, Constable presently posted at Panchpaoli Police Station, Nagpur (Maharashtra).

9. Tulshiram Manikrao Dhakulkar, P.S.I.

Presently posted at Sonegaon Police Station, Nagpur (Maharashtra).

10. Ashok Maroti Meshtram, Police Inspector (PSO), Panchpaoli Police Station, Nagpur (Maharashtra) : RESPONDENTS =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=

Mr. R.P. Joshi, Advocate for Petitioner.

Mr. D.V. Chauhan, Senior Advocate and Public Prosecutor assisted by Mrs. Swati Kolhe, Additional Public Prosecutor for Respondent Nos.1 to 3.

Mr. R.S. Nayak, Advocate for Respondent Nos.4 to 6.

Mr. Sameer Khan, Advocate for respondent Nos.4,6,7 and 8.

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CORAM : URMILA JOSHI-PHALKE AND NANDESH S. DESHPANDE, JJ.

RESERVED ON : 15 ^th DECEMBER, 2025.

PRONOUNCED ON : 16 ^th JANUARY, 2026.

JUDGMENT : (Per : Nandesh S. Deshpande, J.)

1. Heard. Rule. Rule made returnable forthwith.

2. This is a petition under Article 226 of the Constitution of India read with Section 482 of the Criminal Procedure Code praying for quashing the First Information Report in Crime No.159/2019 dated 26.2.2019, registered with Pachpaoli Police Station, Nagpur against the petitioner for the offence punishable under Section 21(b) read with Section 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (in short, “NDPS Act”).

3. Since during the pendency of the present petition, the charge-sheet was filed, the said charge-sheet culminating into Sessions Trial (NDPS) No.27/2019 is also challenged by the petitioner by way of amendment. The petition further prays for directing the respondents to pay compensation to the petitioner for illegal and wrongful arrest and for falsely implicating him in the said case. It further prays for registration of appropriate offences against the respondent Nos.4 to 10 for falsely involving and implicating the petitioner under the said case. It further prays for direction to the respondent Nos.1 and 2 to initiate departmental enquiry against the respondent Nos.4 to 10 for the said act.

4. The factual matrix as can be seen from the petition is as under :-

(i) In the month of December 2018 in Hotel Tuli International, Nagpur there was a programme in which friend of the petitioner, namely, Parul was one of the organizer. At that place the respondent Nos.4,5 and 6 came to the programme and objected to holding of the event. According to the petitioner, the said respondents, who are Police personnel, were demanding money as also free liquor and beer. In the altercation which ensued between the organizer and the respondent Nos.4 to 8 named above, the said respondents threatened the petitioner and were holding grudge against him.

(ii) It is further alleged in the petition that on

25.2.2019, the respondents Nos.4 to 8 caught hold of the petitioner at Kanjihouse Square, Nagpur at which place the petitioner was called at the behest of the Police on some false pretext through his friend Amir Malik. Thereafter, one of the respondents i.e. Sanjay Gite thrusted something on the petitioner. All these acts were captured by the CCTV foot