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2025 DAILYLAW 6396 (UTT)

SHAMBHU DUTT PADALILA v. STATE OF UTTARAKHAND

WPCRL/933/2021 · 2025-02-12

Manoj Kumar Tiwari

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

2025:UHC:794 SL. No. Date Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures COURT’S OR JUDGE’S ORDERS UWPCRL/933/2021 UHon’ble Manoj Kumar Tiwari, J. Ms. Khushboo Tiwari Sharma, learned counsel for the petitioners. Mr. K.S. Bora, learned Deputy Advocate General for the State. 2. Petitioners have sought quashing of FIR No. 0068 of 2021 dated 03.03.2021, registered against them for offence punishable under Section 306 IPC and Section 3(2)(v) of SC/ST Act in Police Station Mukhani, District Nainital. 3. The impugned FIR is on record as Annexure-1 to the writ petition. Perusal of the FIR reveals that allegations made against the petitioner are specific. 4. Whether the allegations are correct or not can only be adjudicated during trial. This Court cannot go into the question, whether petitioner is guilty or not. Hon’ble Supreme Court in the case of M/s Neeharika Infrastructure & others 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. 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. 6. Accordingly, the writ petition fails and is dismissed. (Manoj Kumar Tiwari, J.) 12.02.2025 Mahinder/ 2025:UHC:794