Extracted from the PDF above. The PDF is authoritative.
2025:UHC:368 SL. No. Date Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures COURT’S OR JUDGE’S ORDERS
UWPCRL/620/2021
No representation for the petitioners.
Mr. K.S. Bora, learned Deputy Advocate General assisted by Mr. J.P. Kandpal, Brief Holder for the State of Uttarakhand.
2. Petitioners have sought quashing of FIR No. 169 of 2021 registered against them for offences punishable under Sections 420, 467, 468, 471 and 120-B IPC, at Police Station Patel Nagar, District Dehradun.
3. It is contended that the allegations made in the FIR are incorrect; the FIR is vexatious and amounts to abuse of process of law, therefore the same deserves to be quashed by this Court in exercise of power under Article 226 of the Constitution.
4. Learned State Counsel submits that offences are made out from reading of the FIR, the scope for interference with the FIR while exercising power under Article 226 of the Constitution is very limited, as set out by Hon’ble Apex Court in the case of M/s Neeharika Infrastructure Pvt. Ltd. Vs. State of Maharashtra & others, reported in AIR 2021 SC 1918. Thus, he submits that the writ petition is liable to be dismissed.
5. The impugned FIR is on record as Annexure-1 to the writ petition.
6. Specific allegations made been made against the petitioners. The ingredients of such offences are also made out from the reading of the FIR. Specific role has been assigned to the
2025:UHC:368 petitioners. Whether the allegations made in the FIR are correct or not cannot be examined in a writ petition, it is matter of trial.
7. Thus, this Court finds substance in the contention raised by learned State Counsel that this is not a case in which FIR can be quashed. No good grounds for quashing of FIR made out by petitioners.
8. Accordingly, the Writ Petition fails and is dismissed.
(Manoj Kumar Tiwari, J.)
09.01.2025 Mahinder