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2025 DAILYLAW 5878 (UTT)

BABLESH KUMAR v. STATE OF UTTARAKHAND

WPCRL/826/2021 · 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 826/2021 Hon’ble Manoj Kumar Tiwari, J. None for the petitioners. Mr. K.S. Bora, Deputy AG, with Mr. J.P. Kandpal, Brief Holder for the State. (2) Petitioner has sought quashing of FIR No. 0104 of 2021, lodged against him for the offences punishable under Section 323, 389, 420, 504, 120-B IPC at PS Gadarpur, District Udham Singh Nagar. (3) Learned State Counsel submits that upon investigation, chargesheet has been filed against petitioner. He thus submits that writ petition has become infructuous and the petitioner may challenge the same in appropriate proceedings, if so advised. (4) Merely because chargesheet is filed does not render the writ petition infructuous. Validity of FIR can still be examined. I have gone through the impugned FIR, which is on record as Annexure-1 to the writ petition. Specific allegations have been made against petitioner. 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. (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