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2025 DAILYLAW 1810 (UTT)

AMIT KUMAR v. STATE OF UTTARAKHAND

WPCRL/170/2021 · 2025-01-06

Manoj Kumar Tiwari

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

2025:UHC:141 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. 170 of 2021 Hon’ble Manoj Kumar Tiwari, J. 1. None present for the petitioners. 2. Mr. K.S. Bora, learned Deputy Advocate General for the State of Uttarakhand. 3. Petitioners have sought quashing of F.I.R. No. 0041 of 2021, registered against them for offence punishable under Sections 498A, 323, 504 & 506 of I.P.C. and 3/4 Dowry Prohibition Act in Police Station Kotwali Laksar, District Haridwar. 3. Learned State Counsel, on instructions, submits that the Investigating Officer has filed charge- sheet against the petitioners before the court concerned on 20.05.2021. Thus, he submits that the writ petition has become infructuous. 4. The said contention, however, cannot be accepted. The impugned F.I.R. is on record as Annexure No. 1 to the writ petition. Perusal of the F.I.R. reveals that ingredients of offences levelled against the petitioners are made out. 5. Hon’ble Supreme Court in the case of M/s Neeharika Infrastructure Pvt. Ltd. Vs. State of Maharashtra & others, reported in AIR 2021 SC 1918, have laid down parameters for exercise of power under Article 226 of Constitution, in such matters. 2025:UHC:141 6. Whether the allegations are true or untrue, would have to be decided in the trial. 7. 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. 8. 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=eacc6757ee7881e933ff8934f07477005aa85f9802a 3a08b08d1369512ea30f3, postalCode=263001, st=UTTARAKHAND, serialNumber=44EB54CBF00B7698CB6F10C2CE3D26F5C22 DACF4F4610C1FE58A58531726FBB0, cn=NITI RAJ SINGH ASWAL Date: 2025.01.07 10:18:48 +05'30'