2025:UHC:150 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. 1612 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. 0215 of 2021, registered against him for offence punishable under Sections 8/21 of NDPS Act in Police Station Mukhani, District Nainital. 4. Learned State Counsel, on instructions, submits that the Investigating Officer has filed charge- sheet against the petitioner before the court concerned on 26.02.2023. 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. 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 or incorrect, would have to be decided in 2025:UHC:150 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=eacc6757ee7881e933ff8934f07477005aa85f9802a3a08b08d13695 12ea30f3, postalCode=263001, st=UTTARAKHAND, serialNumber=44EB54CBF00B7698CB6F10C2CE3D26F5C22DACF4F4610C1 FE58A58531726FBB0, cn=NITI RAJ SINGH ASWAL Date: 2025.01.07 10:26:54 +05'30'