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2025 DAILYLAW 7554 (UTT)

RAJENDRA KAPRI v. STATE OF UTTARAKHAND

WPCRL/1220/2021 · 2025-02-13

Manoj Kumar Tiwari

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

2025:UHC:868 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.1220 of 2021 Hon’ble Manoj Kumar Tiwari, J. Ms. Geetanjali Dhami, Advocate, holding brief of Mr. Amit Kapri, Advocate for the petitioners. Mr. K.S. Bora, Deputy Advocate General and Mr. J.P. Kandpal, Brief Holder for the State of Uttarakhand. 2. Petitioners have sought quashing of F.I.R. No.033 of 2021, for offences punishable under Sections 323, 504, 427 I.P.C. and Section 3(1)X SC/ST Act, registered at Police Station Jajerdeval, District Pithoragarh. 3. Learned counsel for the petitioners submits that upon investigation, Investigating Officer has filed charge- sheet against the petitioners. She 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. The allegations against the petitioners 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 2025:UHC:868 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. 7. Accordingly, the writ petition fails and is dismissed. (Manoj Kumar Tiwari, J.) 13.02.2025 Arpan