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2025 DAILYLAW 7388 (UTT)

AHMAD ALI v. STATE OF UTTARAKHAND

WPCRL/1194/2021 · 2025-02-11

Manoj Kumar Tiwari

body2025

Judgment text

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2025:UHC:711 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.1194 of 2021 Hon’ble Manoj Kumar Tiwari, J. Mohd. Umar, 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.0213 of 2021, for offences punishable under Sections 34, 420, 467, 468 and 471 I.P.C., registered at Police Station Kashipur, District Udham Singh Nagar. 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.5 to the writ petition. The allegations against the petitioner are specific and the ingredients of the offences are made out. 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, 2025:UHC:711 reported in AIR 2021 SC 1918, this Court 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.) 11.02.2025 Arpan