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2025 DAILYLAW 8223 (UTT)

NITIN BUDAKOTI v. STATE OF UTTARAKHAND

WPCRL/1447/2021 · 2025-02-18

Manoj Kumar Tiwari

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

2025:UHC:1106 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. 1447 of 2021 Hon’ble Manoj Kumar Tiwari, J. 1. None present for the petitioner. 2. Mr. K.S. Bora, learned Deputy Advocate General for the State of Uttarakhand. 2. Petitioner has sought quashing of F.I.R. No. 0326 of 2021, registered against him for offence punishable under Sections 304-A of I.P.C. in Police Station Vikas Nagar, District Dehradun. He has also sought a direction to the Police Authorities not to arrest him, pursuant to the aforesaid F.I.R. 3. Learned State Counsel submits that, upon investigation, charge sheet has been filed against the petitioner by the Investigating Officer before the Court concerned. Thus, he submits that the writ petition has become infructuous. 4. The said contention, however, cannot be accepted. 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, have laid down parameters for exercise of power under Article 226 of Constitution, in such matters. 5. The impugned F.I.R. is on record as Annexure No.1 to the writ petition. Perusal of the F.I.R. reveals that specific allegations are made against the petitioner. Thus, no ground is made out for quashing of F.I.R. 2025:UHC:1106 6. Whether the allegations are correct or incorrect, would have to be decided in the trial. While exercising power under Article 226 of the Constitution, this Court is not expected to embark upon an enquiry into, whether there is reliable evidence or not. It is not a case where FIR does not, disclose any offence. None of the parameters laid down by Hon’ble Supreme Court, for invoking power under Article 226 of the Constitution for quashing an FIR, are met in the present case. 7. 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. 8. Accordingly, the writ petition fails and is dismissed. (Manoj Kumar Tiwari, J.) 18.02.2025 Aswal 2025:UHC:1106