Extracted from the PDF above. The PDF is authoritative.
2025:UHC:136 SL. No. Date Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures COURT’S OR JUDGE’S ORDERS
WPCRL No. 84 of 2021 Hon’ble Manoj Kumar Tiwari, J.
1. Mr Pankaj Kumar Sharma, learned counsel for the petitioners.
2. Mr. J.P. Kandpal, learned Brief Holder for the State of Uttarakhand.
3. Petitioners have sought quashing of F.I.R. No. 0004 of 2021, registered against them for offences punishable under Sections 323, 498A & 506 of I.P.C. and Section 3/4 of Dowry Prohibition Act in Police Station Raiwala, District Dehradun.
4. Learned State Counsel, on instructions, submits that upon investigation, charge sheet has been filed against the petitioners by the Investigating Officer before the Court concerned on 17.02.2021 under Sections 323, 498A & 506 of I.P.C. Thus, he submits that the writ petition has become infructuous.
5. The impugned F.I.R. is on record as Annexure No. 1 to the writ petition. Perusal of FIR reveals that specific allegations have been made against the petitioners. Those allegations are correct or not can only be decided in a trial. Thus, this Court cannot embark upon an enquiry as to whether the allegations against the petitioner are correct or not.
5. Hon’ble Supreme Court in the case of M/s Neeharika Infrastructure Pvt. Ltd. Vs. State of Maharashtra & others,
2025:UHC:136 reported in AIR 2021 SC 1918, have laid down parameters for exercise of power under Article 226 of Constitution, in such matters.
6. In such view of the matter, there is no scope for interference with the impugned FIR while exercising extraordinary power under Article 226 of the Constitution.
7. Accordingly, the writ petition fails and is dismissed.
(Manoj Kumar Tiwari, J.)
06.01.2025 Aswal
NITI RAJ SINGH ASWAL Digitally signed by NITI RAJ SINGH ASWAL DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND, 2.5.4.20=eacc6757ee7881e933ff8934f07477005aa85f9802a3a08 b08d1369512ea30f3, postalCode=263001, st=UTTARAKHAND, serialNumber=44EB54CBF00B7698CB6F10C2CE3D26F5C22DAC F4F4610C1FE58A58531726FBB0, cn=NITI RAJ SINGH ASWAL Date: 2025.01.06 17:41:49 +05'30'