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2025 DAILYLAW 7909 (UTT)

MANI MOHAN BISWAS v. STATE OF UTTARAKHAND

WPCRL/1332/2021 · 2025-02-17

Manoj Kumar Tiwari

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

2025:UHC:1062 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. 1308 of 2021 With WPCRL No. 1332 of 2021 WPCRL No. 1334 of 2021 WPCRL No. 1335 of 2021 WPCRL No. 1336 of 2021 Hon’ble Manoj Kumar Tiwari, J. Mr. Ahrar Baig, 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. 445 of 2021, for offences punishable under Sections 420, 467, 468 & 471 IPC, registered at Police Station Rudrapur, District Udham Singh Nagar. 4. Learned State Counsel submits that upon investigation, Investigating Officer has filed charge-sheet against petitioners. He thus, submits that the writ petitions have 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 2025:UHC:1062 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 petitions fail and are dismissed. (Manoj Kumar Tiwari, J.) 17.02.2025 Navin 2025:UHC:1062