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 1534/2021 Hon’ble Manoj Kumar Tiwari, J.
Mr. Harshpal Sekhon, Advocate, for the petitioners.
Mr. Devendra Singh, AGA, with Mr. J.P. Kandpal, Brief Holder for the State. (2) Petitioners have sought quashing of report/FIR No. 4 of 2021- 2022, under Section 9 with 51 of Wildlife Protection Act, 1972 and Section 26 of Indian Forest Act, 1927, registered at Forest Range Shyampur, District Haridwar. (3) Learned State Counsel, on instructions, submits that upon investigation, chargesheet has been filed against petitioners. He thus submits that writ petition has become infructuous and petitioners can challenge the chargesheet in proceedings under Section 528 of BNSS, if so advised. (4) Writ petition does not become infructuous merely because chargesheet is filed. I have gone through the impugned report/FIR, which is on record as Annexure-1 to the writ petition. Specific allegations have been made against petitioners and turtle of rare specifies have been recovered from their possession. Whether the allegations are correct or incorrect cannot be gone into by this Court in a writ petition filed under
Article 226 of the Constitution. It is a matter of trial. (5) In an authoritative judicial pronouncement rendered in the case of M/s Neeharika Infrastructure Pvt. Ltd. v. State of Maharashtra & others, reported in AIR 2021 SC 1918, Hon’ble Supreme has set out parameters for quashing the FIR. None of those parameters is met for quashing the impugned FIR. Thus there is no scope for interference. (6) Writ petition thus fails and is dismissed.
(Manoj Kumar Tiwari, J.)
3.1.2025 Pr