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2025 DAILYLAW 5082 (UTT)

HASEEN v. STATE OF UTTARAKHAND

WPCRL/643/2021 · 2025-01-09

Manoj Kumar Tiwari

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

2025:UHC:365 SL. No. Date Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures COURT’S OR JUDGE’S ORDERS UWPCRL/643/2021 Mr. Ravi Bisht, learned counsel holding brief of Mr. Aditya Pratap Singh, learned counsel for the petitioner. Mr. K.S. Bora, learned Deputy Advocate General assisted by Mr. J.P. Kandpal, Brief Holder for the State of Uttarakhand. 2. Petitioner has sought quashing of FIR No. 147 of 2021, for offences punishable under Sections 11/3/5 of Cow Progeny Act, 2007. The said FIR was registered at Police Station Kotwali Roorkee, District Haridwar on 22.03.2021. He has also sought a direction to the Police Authorities not to arrest him, pursuant to the aforesaid FIR. 3. 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. 4. 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 offence levelled against the petitioner are made out. 5. Whether the allegations are true or untrue, would have to be decided in the trial. While exercising power under Article 2025:UHC:365 226 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. 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. 7. Accordingly, the writ petition fails and is dismissed. (Manoj Kumar Tiwari, J.) 09.01.2025 Mahinder