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2025 DAILYLAW 8885 (UTT)

AMIT GARG v. STATE OF UTTARAKHAND

WPCRL/1604/2021 · 2025-01-06

Manoj Kumar Tiwari

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

2025:UHC:151 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. 1604 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. 3. Petitioner has sought quashing of F.I.R. No. 0480 of 2021, registered against him for offences punishable under Sections 504, 506, 406 & 376 IPC in Police Station Raipur, District Dehradun. 4. Learned State Counsel, on instructions, submits that the Investigating Officer has filed charge- sheet against the petitioner before the court concerned on 19.10.2021. Thus, he submits that the writ petition has become infructuous. 5. The said contention, however, cannot be accepted. The impugned F.I.R. is on record as Annexure No. 1 to the writ petition. Perusal of the F.I.R. reveals that ingredients of offences levelled against the petitioners are made out. 6. Whether the allegations are correct or incorrect, would have to be decided in the trial. 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 2025:UHC:151 matters. 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.) 06.01.2025 Aswal NITI RAJ SINGH ASWAL Digitally signed by NITI RAJ SINGH ASWAL DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND, 2.5.4.20=eacc6757ee7881e933ff8934f07477005aa85f9802a3a08b08d1369512ea30f3, postalCode=263001, st=UTTARAKHAND, serialNumber=44EB54CBF00B7698CB6F10C2CE3D26F5C22DACF4F4610C1FE58A58531726FBB0 , cn=NITI RAJ SINGH ASWAL Date: 2025.01.07 10:27:40 +05'30'