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2025 DAILYLAW 5344 (UTT)

HARISH CHANDRA v. STATE OF UTTARAKHAND

WPCRL/706/2021 · 2025-02-10

Manoj Kumar Tiwari

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

2025:UHC:692 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. 706 of 2021 UHon’ble Manoj Kumar Tiwari, J. Mr. Yogesh Pant, learned counsel for the petitioner. Mr. K.S. Bora, learned Deputy Advocate General assisted by Mr. J.P. Kandpal, learned Brief Holder for the State. 2. An FIR was registered against petitioner in Police Station, Jhankaiya, District Udham Singh Nagar on 07.01.2020 under Sections 420, 467, 468, 471 IPC. Petitioner has sought quashing of said FIR by filing this writ petition. 3. The impugned FIR is on record as Annexure-1 to the writ petition. 4. From perusal of the FIR, it is revealed that ingredients of the offences levelled against petitioner are made out. Whether those allegations are correct or not, can only be decided in trial and this Court cannot go into those disputed questions of facts. 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 has laid down the tests which have to be applied while considering prayer for quashing of an FIR. In the present case, there is no scope for interference if those tests are applied. 2025:UHC:692 6. Accordingly, the writ petition fails and is dismissed. 7. Pending application(s), if any, stand disposed of. (Manoj Kumar Tiwari, J.) 10.02.2025 Mahinder/