Extracted from the PDF above. The PDF is authoritative.
2025:UHC:149 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. 1614 of 2021 Hon’ble Manoj Kumar Tiwari, J.
1. None present for the petitioner.
2. Mr. J.P. Kandpal, learned Brief Holder for the State of Uttarakhand.
3. Petitioner has sought quashing of F.I.R. No. 235 of 2021, registered against him for offence punishable under Sections 420, 467, 468, 471, 506 & 120(B) of I.P.C. in Police Station Cantt. 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 07.03.2022. 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. 3 to the writ petition. Perusal of the F.I.R. reveals that ingredients of offences levelled against the petitioners are made out.
6. 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.
7. Whether the allegations are correct
2025:UHC:149 or incorrect, would have to be decided in the trial.
8. 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.
9. 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=44EB54CBF00B7698CB6F10C2CE3D26F5C22DACF4F4610C1FE58A58531 726FBB0, cn=NITI RAJ SINGH ASWAL Date: 2025.01.07 10:19:56 +05'30'