2025:UHC:320 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. 619 of 2021 Hon’ble Manoj Kumar Tiwari, J. 1. None present for the petitioners. 2. Mr. K.S. Bora, learned Deputy Advocate General for the State of Uttarakhand. 3. Petitioners have sought quashing of F.I.R. No. 0118 of 2021, registered against them for offence punishable under Sections 120-B, 408 & 420 of I.P.C. in Police Station Bazpur, District Udham Singh Nagar. 4. Learned State Counsel, on instructions, submits that, upon investigation, charge sheet has been filed only against petitioner no. 1 and all other petitioners were dropped. Thus, he submits that writ petition has become infructuous qua petitioner nos. 2, 3 & 4. 5. The impugned F.I.R. is on record as Annexure No. 8 to the writ petition. Perusal of the F.I.R. reveals that ingredients of offences levelled against the petitioner no. 1 are made out. 6. Whether the allegations are correct or not cannot be examined in a writ petition. It is a matter of 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 2025:UHC:320 matters. 8. Having regard to the law laid down by Hon’ble Supreme Court in the aforesaid case, there is no scope for interference with the impugned FIR while exercising extraordinary power under Article 226 of the Constitution. 9. 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=eacc6757ee7881e933ff8934f07477005aa85f9802a3a08b08d136 9512ea30f3, postalCode=263001, st=UTTARAKHAND, serialNumber=44EB54CBF00B7698CB6F10C2CE3D26F5C22DACF4F4610C 1FE58A58531726FBB0, cn=NITI RAJ SINGH ASWAL Date: 2025.01.09 12:43:20 +05'30'