Extracted from the PDF above. The PDF is authoritative.
2025:UHC:803 SL. No. Date Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures COURT’S OR JUDGE’S ORDERS
UWPCRL/1045/2021 UHon’ble Manoj Kumar Tiwari, J. Mr. Rajat Mittal, learned counsel for the petitioner. Mr. K.S. Bora, learned Deputy Advocate General for the State.
2. Petitioner has sought quashing of FIR No. 0231 of 2021 dated 21.06.2021, registered against her for offence punishable under Sections 376, 420, 465 IPC and Sections 3, 4, 5j(ii), 21 of POCSO Act in Police Station Nehru Colony, District Dehradun.
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:803 (Manoj Kumar Tiwari, J.) 12.02.2025 Mahinder/