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2025 DAILYLAW 7570 (UTT)

RUPESH NEGI v. STATE OF UTTARAKHAND

WPCRL/1237/2021 · 2025-02-14

Manoj Kumar Tiwari

body2025

Judgment text

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2025:UHC:1019 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. 1237 of 2021 Hon’ble Manoj Kumar Tiwari, J. There is no representation for the petitioner 2. Mr. Deepak Bisht, Deputy Advocate General for the State of Uttarakhand. 3. Petitioner has sought quashing of FIR No. 39 of 2021, for offences punishable under Section 3(1) of U.P. Gangster and Anti Social Activities (Prevention) Act, 1986, at Police Station Kotdwara, District Pauri Garhwal. 4. Learned State Counsel submits that upon investigation, chargesheet has been filed on 28.10.2021, as evidence collected during investigation was found sufficient to proceed against petitioner. Thus, he submits that writ petition has become infructuous. 5. Merely because chargesheet is filed, will not render the writ petition infructuous. FIR can still be quashed, if no case is made out from reading of the FIR. 6. The impugned F.I.R. is on record as Annexure No.1 to the writ petition. The 2025:UHC:1019 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 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:1019