Research › Search › Judgment

High Court of Uttarakhand · body

2025 DAILYLAW 5807 (UTT)

MANOJ SINGH NEGI v. STATE OF UTTARAKHAND

WPCRL/805/2021 · 2025-01-10

Manoj Kumar Tiwari

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

2025:UHC:531 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. 805 of 2021 Hon’ble Manoj Kumar Tiwari, J. 1. Ms. Rajni Rangwal, Advocate holding brief of Mr. Pawan Mishra, learned counsel for the petitioner. 2. Mr. J.P. Kandpal, learned Brief Holder for the State of Uttarakhand. 3. Petitioner has sought quashing of F.I.R. No. 52 of 2021, registered against him for offences punishable under Section 306 of I.P.C. in Police Station Raiwala, District Dehradun. 4. The impugned F.I.R. is on record as Annexure No. 1 to the writ petition. Perusal of FIR reveals that specific allegations have been made against the petitioner. Those allegations are correct or not can only be decided in a trial. Thus, this Court cannot embark upon an enquiry as to whether the allegations against the petitioner are correct or not. 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, have laid down parameters for exercise of power under Article 226 of Constitution, in such matters. 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.) 10.01.2025 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=eacc6757ee7881e933ff8934f07477005aa85f9802a3a08b08d1369512ea30f3, postalCode=263001, st=UTTARAKHAND, serialNumber=44EB54CBF00B7698CB6F10C2CE3D26F5C22DACF4F4610C1FE58A585317 26FBB0, cn=NITI RAJ SINGH ASWAL Date: 2025.01.10 18:32:52 +05'30' 2025:UHC:531