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2025 DAILYLAW 8278 (UTT)

MONI CHAUHAN ALIAS ROHINI v. STATE OF UTTARAKHAND

WPCRL/1442/2021 · 2025-02-18

Manoj Kumar Tiwari

body2025

Judgment text

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2025:UHC:1104 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. 1442 of 2021 Hon’ble Manoj Kumar Tiwari, A.C.J. 1. Mr. S.K. Shandilya, learned counsel for the petitioners. 2. Mr. J.P. Kandpal, learned Brief Holder for the State of Uttarakhand. 3. Petitioners have sought quashing of F.I.R. No. 0669 of 2021, registered against them for offences punishable under Sections 323, 354, 354(B), 504 & 506 of I.P.C. in Police Station Kotwali, District Haridwar. 4. The impugned F.I.R. is on record as Annexure No. 1 to the writ petition. Perusal of the F.I.R. reveals that allegations made against the petitioners are specific and serious in nature. 5. Whether the allegations are correct or not can only be adjudicated during trial. This Court cannot go into the question, whether petitioners are guilty or not. 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. 6. 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. 7. Accordingly, the writ petition fails and is dismissed. (Manoj Kumar Tiwari, J.) 18.02.2025 Aswal 2025:UHC:1104