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2025 DAILYLAW 8791 (UTT)

NAEEM AHMAD v. STATE OF UTTARAKHAND

WPCRL/1571/2021 · 2025-01-03

Manoj Kumar Tiwari

body2025

Judgment text

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 1571/2021 Hon’ble Manoj Kumar Tiwari, J. None appears for the petitioners. Mr. Devendra Singh, AGA, with Mr. J.P. Kandpal, Brief Holder for the State. Mr. Vivek Kumar, Advocate, i/b Mr. Anil Anthwal, Advocate for the respondent no. 3. (2) Petitioners have sought quashing of FIR No. 170 of 2021, lodged against them for the offences punishable under Section 147, 148, 149, 323, 504, 506 IPC and Section 3(1)(x) of SC/ST Act, 1989 at PS Jaspur, District Udham Singh Nagar. (3) Learned State Counsel submits that upon investigation, chargesheet has been filed against petitioners. He thus submits that writ petition has become infructuous. (4) Mere filing of chargesheet doses not render the writ petition infructuous. Validity of FIR can still be examined and it can be quashed if sufficient grounds are shown. Impugned FIR is on record as Annexure-1 to the writ petition. Perusal of the same reveals that specific allegations have been made against petitioners. Veracity of the allegations cannot be decided in a writ petition filed under Article 226 of the Constitution. It is a matter of trial. (5) 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