Extracted from the PDF above. The PDF is authoritative.
SL. No Date Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures COURT’S OR JUDGES’S ORDERS
WPCRL No. 1311 of 2021 Hon’ble Manoj Kumar Tiwari, J.
Mr. Tapan Singh, Advocate for the petitioners.
2. Mr. K.S. Bora, Deputy Advocate General with Mr. J.P. Kandpal, Brief Holder for the State of Uttarakhand.
3. Petitioners have sought quashing of FIR No. 464 of 2020, for offences punishable under Section 380 IPC, registered at Police Station Kotwali Gangnahar, Roorkee, 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 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.)
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