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2025 DAILYLAW 2272 (UTT)

MANISH GAIROLA v. STATE OF UTTARAKHAND

WPCRL/224/2021 · 2025-01-07

Manoj Kumar Tiwari

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

2025:UHC:227 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. 224 of 2021 UHon’ble Manoj Kumar Tiwari, J. Mr. B.D. Jha, Advocate for the petitioners. K.S. Bora, Deputy Advocate General with Mr. J.P. Kandpal, Brief Holder for the State of Uttarakhand. 2. Petitioner has sought quashing of FIR No. 505 of 2020, for offences punishable under Sections 323, 504, 498A IPC and Section 3/4 of Dowry Prohibition Act. The said FIR was registered at Police Station Ramnagar, District Nainital on 27.09.2020. 3. Learned State Counsel submits that upon investigation, chargesheet was filed. The impugned F.I.R. is on record as Annexure No.1 to the writ petition. Perusal of the same reveals that specific allegations have been made against the petitioner. The ingredients of the offences are also made out. Whether the allegations made in the F.I.R. are correct or not, cannot be examined at this stage. It is matter of trial. 4. In view of parameters laid down by 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, this Court does not find any reason to interfere with the impugned F.I.R. 5. Accordingly, the writ petition fails and is dismissed. (Manoj Kumar Tiwari, J.) 07.01.2025 Navin 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=AB77B7C5B240908B392BE84F5CDD4C2AF35DC4626D305B1BC9EA4BABA43 D2B8F, cn=MAHINDER SINGH Date: 2025.01.08 14:13:24 +05'30' 2025:UHC:227