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2025 DAILYLAW 4882 (UTT)

IQBAL v. STATE OF UTTARAKHAND

WPCRL/618/2021 · 2025-01-08

Manoj Kumar Tiwari

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

2025:UHC:321 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. 618 of 2021 Hon’ble Manoj Kumar Tiwari, J. 1. Ms. Ruchita Negi, Advocate holding brief of Mr. Sandeep Kothari, learned counsel for the petitioner. 2. Mr. J.P. Kandpal, learned Brief Holder for the State of Uttarakhand. 3. Petitioners have sought quashing of F.I.R. No. 149 of 2021, registered against them for offences punishable under Sections 420, 467, 468, 471 & 120-B of I.P.C. in Police Station Kotwali Roorkee, District Haridwar. 4. The impugned F.I.R. is on record as Annexure No. 1 to the writ petition. Perusal of FIR reveals that specific allegations have been made against the petitioners. Those allegations are correct or not can only be decided in a trial. Thus, this Court cannot embark upon an enquiry as to whether the allegations against the petitioners are correct or not. 5. 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. 6. 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. 2025:UHC:321 7. 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=44EB54CBF00B7698CB6F10C2CE3D26F5C22DACF4F4610C1FE58A58531726FBB0, cn=NITI RAJ SINGH ASWAL Date: 2025.01.09 12:41:33 +05'30'