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2025 DAILYLAW 3391 (UTT)

NAEEM v. STATE OF UTTARAKHAND

WPCRL/390/2021 · 2025-02-10

Manoj Kumar Tiwari

body2025

Judgment text

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2025:UHC:657 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. 390 of 2021 Hon’ble Manoj Kumar Tiwari, J. There is no representation 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. 0097 of 2021, for offences punishable under Sections 3/5/11(1) of Uttarakhand Protection of Cow Progeny Act, 2007, registered at Police Station Rudrapur, District Udham Singh Nagar. 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.1 to the writ petition. The allegations against the petitioner are specific and the ingredients of the offences are made out. Whether the allegations made in the F.I.R. are correct or not, cannot be 2025:UHC:657 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:657