Extracted from the PDF above. The PDF is authoritative.
2025:UHC:229 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. 215 of 2021 UHon’ble Manoj Kumar Tiwari, J. None appears for the petitioner. Mr. K.S. Bora, learned Deputy Advocate General assisted by Mr. Vikash Uniyal, learned Brief Holder for State of Uttarakhand.
2. Petitioner has sought quashing of FIR No. 198 of 2019, for offences punishable under Sections 420, 406, 120-B IPC and Section 3/5 of Prize Chit Fund & Money Circulation Scheme (Banning) Act, 1978. The said FIR was lodged in Police Station Prem Nagar, District Dehradun on
11.10.2019.
3. Learned State Counsel submits that upon investigation, chargesheet has been filed. Thus, he submits that writ petition has become infructuous as petitioner has now remedy of challenging the chargesheet in appropriate proceedings. The said submission, however, cannot be accepted. Validity of the FIR can still be gone in even after filing of chargesheet.
4. The impugned FIR is on record as Annexure No.1 to the writ petition. Perusal of the same reveals that specific allegations have been levelled against petitioner and ingredients of offences indicated in the FIR, are also made out. Whether the allegations
2025:UHC:229 made in the FIR are correct or not, cannot be examined at this stage. It is matter of trial and this Court cannot record a finding regarding innocence or otherwise of the petitioner.
5. The law on the point has been summarised the case of M/s Neeharika Infrastructure Pvt. Ltd. Vs. State of Maharashtra & others, reported in AIR 2021 SC 1918.
6. In view of parameters laid down by Hon’ble Supreme Court in M/s Neeharika Infrastructure Pvt. Ltd. (supra), this Court does not find any scope for interference with the impugned FIR.
9. Accordingly, the writ petition fails and is dismissed. [
(Manoj Kumar Tiwari, J.) 07.01.2025 Mahinder/
MAHINDER SINGH Digitally signed by MAHINDER SINGH DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND, 2.5.4.20=da6212e6e78d94ed3134842bc6a8d6ca168979ca7b8c2f031a92d1a18b08923c, postalCode=263001, st=UTTARAKHAND, serialNumber=AB77B7C5B240908B392BE84F5CDD4C2AF35DC4626D305B1BC9EA4BABA43D2B 8F, cn=MAHINDER SINGH Date: 2025.01.08 14:11:54 +05'30'