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2025 DAILYLAW 8044 (UTT)

HEMAWATI v. STATE OF UTTARAKHAND

WPCRL/1370/2021 · 2025-02-17

Manoj Kumar Tiwari

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

2025:UHC:1049 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. 1370 of 2021 Hon’ble Manoj Kumar Tiwari, J. There is no representation for the petitioners. 2. Mr. K.S. Bora, Deputy Advocate General with Mr. J.P. Kandpal, Brief Holder for the State of Uttarakhand. 3. Petitioner has sought quashing of FIR No. 445 of 2021, registered in Police Station Rudrapur, District Udham Singh Nagar for offences punishable under Sections 420, 467, 468 & 471 IPC. 4. Learned State Counsel submits that, upon investigation, charge sheet has been filed against the petitioner on 04.05.2021. Thus, he submits that the writ petition has become infructuous. 5. Merely because charge sheet 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 allegations against the petitioner are specific and the ingredients of the 2025:UHC:1049 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. 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, has summarized the legal position and has also set out the parameters within which the interference with the F.I.R. can be made by High Court. None of the parameters laid down by Hon’ble Supreme Court in the aforesaid judgment, for invoking power under Article 226 of the Constitution for quashing an FIR, are met in the present case. 8. In such view of the matter, there is no scope for interference with the impugned FIR while exercising extraordinary power under Article 226 of the Constitution. 9. Accordingly, the writ petition fails and is dismissed. (Manoj Kumar Tiwari, J.) 17.02.2025 Navin