2025:UHC:307 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.773 of 2021 Hon’ble Manoj Kumar Tiwari, J. There is no representation for the petitioners. Mr. K.S. Bora, learned Deputy Advocate General for the State of Uttarakhand. 2. Petitioner has sought quashing of F.I.R. No. 0368 of 2021, registered against him for offence punishable under Sections 377 & 506 I.P.C. and Sections 3A/14 of Protection of Children from Sexual Offences Act, 2012 and Section 67b Information Technology (Amended) Act, 2008 in Police Station Laksar, District Haridwar. 3. Learned State Counsel submit that, upon investigation, charge sheet has been filed against the petitioner on 07.06.2021. Thus, it is contended that writ petition has become infructuous. The said contention, however, cannot be accepted. Mere filing of charge sheet will not render the writ petition infructuous. 4. 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. 5. 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 offences levelled against 2025:UHC:307 the petitioners are made out. 6. Whether the allegations are true or untrue, would have to be decided in the trial. While exercising power under Article 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. 7. 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. 8. 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=eacc6757ee7881e933ff8934f07477005aa85f9802a3a08b0 8d1369512ea30f3, postalCode=263001, st=UTTARAKHAND, serialNumber=44EB54CBF00B7698CB6F10C2CE3D26F5C22DACF4F 4610C1FE58A58531726FBB0, cn=NITI RAJ SINGH ASWAL Date: 2025.01.09 12:38:16 +05'30' 2025:UHC:307