Research › Search › Judgment

High Court of Uttarakhand · body

2025 DAILYLAW 7506 (UTT)

NIRAJ SINGH v. STATE OF UTTARAKHAND

WPCRL/1222/2021 · 2025-02-14

Manoj Kumar Tiwari

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

2025:UHC:1018 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. 1222 of 2021 Hon’ble Manoj Kumar Tiwari, J. Mr. Mehul Joshi, Advocate, holding brief of Mr. Bhuwan Bhatt, Advocate for the petitioner. 2. Mr. Deepak Bisht, Deputy Advocate General for the State of Uttarakhand. 3. Petitioner has sought quashing of FIR No. 112 of 2021, for offences punishable under Section 304-B IPC, registered at Police Station Lalkuan, District Nainital. 4. Learned State Counsel submits that upon investigation, Investigating Officer has filed charge-sheet against petitioner on 27.08.2021. He thus, submits that the writ petition has become infructuous. 5. The writ petition would not become infructuous by filing of charge-sheet and FIR can be quashed, if ingredients of the offence are not made out. 6. The impugned F.I.R. is on record as Annexure No.1 to the writ petition. The allegations against the petitioner are serious and specific, and the ingredients of the offences are made out. Whether the allegations made in the F.I.R. are correct 2025:UHC:1018 or not, cannot be examined at this stage. It is matter of trial. 7. 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 does not find any reason to interfere with the impugned F.I.R. 8. Accordingly, the writ petition fails and is dismissed. (Manoj Kumar Tiwari, J.) 14.02.2025 Navin 2025:UHC:1018