Extracted from the PDF above. The PDF is authoritative.
2025:UHC:852 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.1076 of 2021 Hon’ble Manoj Kumar Tiwari, J.
Mr. Deep Prakash Bhatt, Advocate for the petitioner.
Mr. K.S. Bora, Deputy Advocate General and Mr. J.P. Kandpal, Brief Holder for the State of Uttarakhand.
2. Petitioner has sought quashing of F.I.R. No.01 of 2021, for offences punishable under Sections 406, 409, 419, 420, 468, 471, 120-B I.P.C., registered at Police Station Revenue Circle Badet Salt Khumad, District Almora.
3. Learned State Counsel submits that upon investigation, Investigating Officer has filed charge-sheet against petitioner. He thus, submits that the writ petition has become infructuous.
4. The writ petition would not become infructuous by filing of charge-sheet and F.I.R. can be quashed, if ingredients of the offence are not made out.
5. The impugned F.I.R. is on record as Annexure No.1 to the writ petition. Whether the allegations made in the F.I.R. are correct or not, cannot be examined at this stage. It is matter of trial.
6. 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
2025:UHC:852 does not find any reason to interfere with the impugned F.I.R.
7. Accordingly, the writ petition fails and is dismissed.
(Manoj Kumar Tiwari, J.)
13.02.2025 Arpan