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2025 DAILYLAW 4315 (UTT)

MEENA ALIAS URMIAL v. STATE OF UTTARAKHAND

WPCRL/526/2021 · 2025-01-07

Manoj Kumar Tiwari

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

2025:UHC:245 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. 526 of 2021 Hon’ble Manoj Kumar Tiwari, J. Mr. B.M. Pingal, Advocate for the petitioner. 2. K.S. Bora, Deputy Advocate General with Mr. J.P. Kandpal, Brief Holder for the State of Uttarakhand. 3. Mr. Navnish Negi, Advocate for the complainant. 4. Petitioner has sought quashing of FIR No. 122 of 2021, for offences punishable under Sections 467, 468 & 420 IPC, registered at Police Station Rishikesh, District Dehradun. 5. Learned State Counsel submits that since charge-sheet has been filed against petitioner on 27.09.2021, therefore, the writ petition has become infructuous. 6. 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. 7. 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:245 examined at this stage. It is matter of trial. 8. 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. 9. Accordingly, the writ petition fails and is dismissed. (Manoj Kumar Tiwari, J.) 07.01.2025 Navin NAVEEN CHANDRA Digitally signed by NAVEEN CHANDRA DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND, 2.5.4.20=3be23325146e76a0642bdf4943fb904 6f487df006da82a131bb4e4403d3c0a15, postalCode=263001, st=UTTARAKHAND, serialNumber=18167EEFB5CA8CFFD421A1038 19DA875643AF56D653D095C6ED9A86DAAB21 CE5, cn=NAVEEN CHANDRA Date: 2025.01.15 12:33:12 +05'30' 2025:UHC:245