2025:UHC:152 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. 1602 of 2021 Hon’ble Manoj Kumar Tiwari, J. 1. Mr. D.S. Bisht, Advocate holding brief of Mr. S.K. Mandal, learned counsel for the 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. 125 of 2021, registered against him for offences punishable under Sections 3, 5, 11(1) of Protection of Cow Progeny Act, 2007 in Police Station Pulbhatta, District Udham Singh Nagar. 4. Learned State Counsel, on instructions, submits that the Investigating Officer has filed charge- sheet against the petitioner before the court concerned on 02.05.2022. 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 petitioner 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, 2025:UHC:152 reported in AIR 2021 SC 1918, have laid down parameters for exercise of power under Article 226 of Constitution, in such 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=eacc6757ee7881e933ff8934f07477005aa85f9802a3a 08b08d1369512ea30f3, postalCode=263001, st=UTTARAKHAND, serialNumber=44EB54CBF00B7698CB6F10C2CE3D26F5C22DA CF4F4610C1FE58A58531726FBB0, cn=NITI RAJ SINGH ASWAL Date: 2025.01.07 10:24:30 +05'30'