Extracted from the PDF above. The PDF is authoritative.
2025:UHC:167 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. 1595 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. 0006 of 2021, registered against him for offences punishable under Sections 420, 468 & 471 of IPC in Police Station Pathri, District Haridwar.
4. Learned State Counsel, on instructions, submits that the Investigating Officer has filed charge- sheet against the petitioner before the court concerned on 14.07.2022. 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, reported in AIR 2021 SC 1918, have laid down parameters for exercise of power under Article 226 of Constitution, in such matters.
2025:UHC:167
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