Extracted from the PDF above. The PDF is authoritative.
2025:UHC:524 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. 917 of 2021 Hon’ble Manoj Kumar Tiwari, J.
There is no representation for the petitioner.
2. K.S. Bora, Deputy Advocate General with Mr. J.P. Kandpal, Brief Holder for the State of Uttarakhand.
3. Petitioner has sought quashing of F.I.R. No. 190 2021, registered against him for offences punishable under Sections 420, 467, 468 IPC at Police Station Lalkuan, District Nainital.
4. The impugned F.I.R. is on record as Annexure No.1 to the writ petition. Perusal of the same reveals that specific allegations have been levelled against the petitioner. Whether the allegations made in the F.I.R. are correct or not, cannot be decided in a writ petition. It is a matter of trial.
5. Since ingredients of offence are made out from the reading of the FIR, therefore, in view of parameters laid down by 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, this Court does not find any reason to interfere with the impugned F.I.R.
6. Accordingly, the writ petition fails and is dismissed.
(Manoj Kumar Tiwari, J.)
10.01.2025 Navin
NAVEEN CHANDRA Digitally signed by NAVEEN CHANDRA DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND, 2.5.4.20=3be23325146e76a0642bdf4943fb90 46f487df006da82a131bb4e4403d3c0a15, postalCode=263001, st=UTTARAKHAND, serialNumber=18167EEFB5CA8CFFD421A10 3819DA875643AF56D653D095C6ED9A86DA AB21CE5, cn=NAVEEN CHANDRA Date: 2025.01.10 18:45:29 +05'30'