Extracted from the PDF above. The PDF is authoritative.
2025:UHC:698 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. 1010 of 2021 Hon’ble Manoj Kumar Tiwari, A.C.J.
1. There is no representation 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. 0276 of 2020, registered against him for offence punishable under Sections 8/21 of NDPS Act in Police Station Banbhoolpura, District Nainital.
4. The impugned F.I.R. is on record as Annexure No. 1 to the writ petition. Perusal of the F.I.R. reveals that allegations made against the petitioner are specific.
5. Whether the allegations are correct or not can only be adjudicated during trial. This Court cannot go into the question, whether petitioners are guilty or not. 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.)
11.02.2025 Aswal
2025:UHC:698