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2025 DAILYLAW 4355 (UTT)

ANKUSH SEHGAL v. STATE OF UTTARKAHAND

WPCRL/533/2021 · 2025-01-07

Manoj Kumar Tiwari

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

2025:UHC:240 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. 533 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 F.I.R. No. 62 of 2021, registered against him for offences punishable under Section 376 IPC, at Police Station Kathgodam, District Nainital. 4. The impugned F.I.R. is on record as Annexure No.1 to the writ petition. Perusal of the same reveals that specific and serious allegations have been levelled against the petitioner. Whether the allegations made in the F.I.R. are correct or not, cannot be decided in a writ petition. 5. Since ingredients of offence are made out from the reading of the FIR, therefore, 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. 6. 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=3be23325146e76a0642bdf4943fb9046f487df006da8 2a131bb4e4403d3c0a15, postalCode=263001, st=UTTARAKHAND, serialNumber=18167EEFB5CA8CFFD421A103819DA875643AF 56D653D095C6ED9A86DAAB21CE5, cn=NAVEEN CHANDRA Date: 2025.01.15 12:35:08 +05'30'