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2025 DAILYLAW 5830 (UTT)

ASHA DEVI ALAIS ASHA KOHLI v. STATE OF UTTARAKHAND

WPCRL/811/2021 · 2025-01-10

Manoj Kumar Tiwari

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

SL. No Date Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures COURT’S OR JUDGES’S ORDERS WPCRL 811/2021 Hon’ble Manoj Kumar Tiwari, J. Mr. Rohit Gaur, Advocate, i/b Mr. B.M. Pingal, Adovcate for the petitioners. Mr. K.S. Bora, Deputy AG, with Mr. J.P. Kandpal, Brief Holder for the State. (2) Petitioners have sought quashing of FIR No. 0110 of 2021, lodged against them for the offences punishable under Section 376 and 504 IPC at PS Khatima, District Udham Singh Nagar. (3) Learned State Counsel submits that upon investigation, chargesheet has been filed against petitioners. He thus submits that writ petition has become infructuous. (4) Said submission cannot be accepted as writ petition does not become infructuous merely because chargesheet is filed. I have gone through the impugned FIR. Allegations are very serious and specific. Whether the allegations are correct or incorrect cannot be gone into by this Court in a writ petition filed under Article 226 of the Constitution. It is a matter of trial. Although petitioners contend that they have been falsely implicated in this case, the said contention cannot be considered by this Court at this stage. (5) In an authoritative judicial pronouncement rendered in the case of M/s Neeharika Infrastructure Pvt. Ltd. v. State of Maharashtra & others, reported in AIR 2021 SC 1918, Hon’ble Supreme has set out parameters for quashing the FIR. None of those parameters is met for quashing the impugned FIR. Thus there is no scope for interference. (6) Writ petition thus fails and is dismissed. (Manoj Kumar Tiwari, J.) 10.1.2025 Pr