Extracted from the PDF above. The PDF is authoritative.
2025:UHC:658 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. 384 of 2021 Hon’ble Manoj Kumar Tiwari, J.
Mr. Rajat Mittal, Advocate for the petitioner.
2. K.S. Bora, Deputy Advocate General with Mr. J.P. Kandpal, Brief Holder for the State of Uttarakhand.
3. Petitioner has sought quashing of FIR No. 1 of 2021, for offences punishable under Sections 302, 201 & 120-B IPC, registered at Police Station Tyuni, District Dehradun.
4. Learned State Counsel submits that upon investigation, Investigating Officer has filed charge-sheet against petitioner. He thus, submits that the writ petition has become infructuous.
5. The writ petition would not become infructuous by filing of charge-sheet and FIR can be quashed, if ingredients of the offence are not made out.
6. The impugned F.I.R. is on record as Annexure No.2 to the writ petition. The allegations against the petitioner are specific & serious, and the ingredients of the offences are made out. Whether the
2025:UHC:658 allegations made in the F.I.R. are correct or not, cannot be examined at this stage. It is matter of trial.
7. 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.
8. Accordingly, the writ petition fails and is dismissed.
(Manoj Kumar Tiwari, J.)
10.02.2025 Navin
2025:UHC:658