2025:UHC:346 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. 542 of 2021 Hon’ble Manoj Kumar Tiwari,J. 1. There is no representation for the petitioners. 2. Mr. K.S. Bora, learned Deputy Advocate General for the State of Uttarakhand. 3. Ms. Arushi Batra, Advocate holding brief of Mr. Piyush Garg, learned counsel for respondent no. 3. 4. Petitioner has sought quashing of F.I.R. No. 0118 of 2021, registered against him for offence punishable under Sections 419, 420, 467, 468, 471 & 504 I.P.C. in Police Station Vikasnagar, District Dehradun. He has also sought a direction to the Police Authorities not to arrest him, pursuant to the aforesaid F.I.R. 5. Learned State Counsel submit that, upon investigation, charge sheet has been filed against the petitioner. Thus, it is contended that writ petition has become infructuous. 6. The said contention, however, cannot be accepted. Mere filing of charge sheet will not render the writ petition infructuous. The impugned F.I.R. is on record as Annexure No.1 to the writ petition. Perusal of the F.I.R. reveals that ingredients of offences levelled against the petitioner are made out. Whether the allegations are true or untrue, would have to be decided in the 2025:UHC:346 trial. 7. 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, have laid down parameters for exercise of power under Article 226 of Constitution, in such matters. 8. While exercising power under Article 226 of the Constitution, this Court is not expected to embark upon an enquiry into, whether there is reliable evidence or not. It is not a case where FIR does not, disclose any offence. None of the parameters laid down by Hon’ble Supreme Court, for invoking power under Article 226 of the Constitution for quashing an FIR, are met in the present case. 9. In such view of the matter, there is no scope for interference with the impugned FIR while exercising extraordinary power under Article 226 of the Constitution. 10. Accordingly, the writ petition fails and is dismissed. (Manoj Kumar Tiwari, J.) 08.01.2025 Aswal NITI RAJ SINGH ASWAL Digitally signed by NITI RAJ SINGH ASWAL DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND, 2.5.4.20=eacc6757ee7881e933ff8934f07477005aa85f9802a3a08b08d1369512ea30f3, postalCode=263001, st=UTTARAKHAND, serialNumber=44EB54CBF00B7698CB6F10C2CE3D26F5C22DACF4F4610C1FE58A5853 1726FBB0, cn=NITI RAJ SINGH ASWAL Date: 2025.01.09 13:24:49 +05'30' 2025:UHC:346