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2025 DAILYLAW 8805 (UTT)

AKASH KUMAR v. STATE OF UTTARAKHAND

WPCRL/1584/2021 · 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 1584/2021 Hon’ble Manoj Kumar Tiwari, J. Ms. Pummy Singh, Advocate, i/b Ms. Neetu Singh, Advocate for the petitioner. Mr. Devendra Singh, AGA, with Mr. J.P. Kandpal, Brief Holder for the State. (2) Petitioner has sought quashing of FIR No. 253 of 2021, lodged against him for the offences punishable under Section 354, 452, 504, 506 IPC and Section 7/8 of POCSO Act at PS SIDCUL, District Haridwar. (3) Learned State Counsel submits that upon investigation, chargesheet has been filed against petitioner. He thus submits that writ petition has become infructuous. (4) Mere filing of chargesheet does not render the writ petition infructuous. I have gone through the impugned FIR, which is on record as Annexure-1 to the writ petition. Specific allegations have been made against the petitioner in the said FIR. (5) Learned Counsel for the petitioner submits that allegations are false and baseless, which have been levelled only to harass and humiliate the petitioner. (6) Whether the allegations made in the FIR are correct or not cannot be examined by this Court in a writ petition under Article 226 of the Constitution. The Scope of powers under Article 226 has been considered and discussed by Hon’ble Supreme Court in the case of M/s Neeharika Infrastructure Pvt. Ltd. v. State of Maharashtra & others, reported in AIR 2021 SC 1918. None of the tests laid down in the said judgment are met in the present case. Thus there is no scope for interference. (7) Writ petition thus fails and is dismissed. (Manoj Kumar Tiwari, J.) 3.1.2025 Pr