Extracted from the PDF above. The PDF is authoritative.
2025:UHC:676 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. 709 of 2021 UHon’ble Manoj Kumar Tiwari, J.
No representation for the petitioners.
Mr. K.S. Bora, learned Deputy Advocate General assisted by Mr. J.P. Kandpal, learned Brief Holder for the State.
2. By means of this writ petition, petitioners have sought quashing of FIR which was registered against them under Sections 8, 22, 27, 29 and 60 of NDPS Act, read with Sections 77 and 78 of Juvenile Justice (Care and Protection of Children) Act, 2015.
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 mentioned in the FIR are made out. Whether the allegations made in the FIR are correct or not, cannot be decided in a writ petition, it is matter of trial.
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. Applying those tests, this Court does not find any scope for interference in the matter.
2025:UHC:676
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/