Extracted from the PDF above. The PDF is authoritative.
2025:UHC:1029 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. 1282 of 2021 Hon’ble Manoj Kumar Tiwari, J.
There is no representation for the petitioners.
2. Mr. Deepak Bisht, Deputy Advocate General for the State of Uttarakhand.
3. Petitioners have sought quashing of FIR No. 94 of 2021, for offences punishable under Sections 3, 5 & 11 of the Uttarakhand Protection of Cow Progeny Act, registered at Police Station Bhagwanpur, District Haridwar.
4. Learned State Counsel submits that upon investigation, Investigating Officer has filed charge-sheet against petitioners. 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 petitioners are specific and the ingredients of the offences are made out. Whether the
2025:UHC:1029 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:1029