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2025 DAILYLAW 9038 (UTT)

CHETANYA SHARMA AND ANR v. STATE OF UTTARAKHAND

WPCRL/749/2025 · 2025-07-16

Pankaj Purohit

body2025

Judgment text

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2025:UHC:6197 HIGH COURT OF UTTARAKHAND AT NAINITAL Writ Petition Criminal No. 749 of 2025 16th July, 2025 Chetanya Sharma and anr. …………Petitioners Versus State of Uttarakhand and others ………..Respondents ---------------------------------------------------------------------- Presence:- Mr. Shakib Husain, Advocate for the petitioners. Mr. B.C. Joshi, A.G.A. for the State. ---------------------------------------------------------------------- Hon'ble Pankaj Purohit, J. By means of the present writ petition, the petitioners have sought quashing of FIR No.0113 of 2025 dated 06.07.2025, under Sections 109(1), 191(2), 281 and 324(4) of B.N.S. 2023, registered at Police Station Basant Vihar, District Dehradun. 2. Facts of the case in a nutshell as per version of FIR are that on July 5, 2025, at around 11:00 PM in Dehradun, Deepakar Singh and his brother were in their car when a speeding Hyundai Verna (UK07FB 0200) and a red, numberless Bullet motorcycle collided with them near the ITBP gate. The occupants of the other vehicles then attacked them with sticks, bricks, and stones, intending to kill them. Deepakar and his brother were injured and fell to the ground. Believing them to be dead, the attackers fled. Neighbors, Vansh Chaudhary and Om Singh, helped them, and Deepakar took his brother to Prakashdeep Hospital. The identified assailants are Fakruddin, Kabir Malik, Chaitanya Sharma, Siddharth Sharma, and Devansh Verma, along with other unknown fellows. Deepakar's chain was broken, and his brother's phone was damaged in the incident. Deepakar Singh has filed a complaint requesting legal action. 1 2025:UHC:6197 3. Learned counsel for the petitioners submits that as per allegation this is a totally false case of attempt to murder as it is a car accident which might have happened due to negligence on the part of the petitioners and also petitioners were not present at the place of occurrence. It is also necessary to mention here that opposite party registered a false FIR on the basis of hearsay evidence. 4. Learned State counsel submits that the case prima facie discloses commission of cognizable offence. 5. From perusal of the FIR, it also transpires that prima facie commission of cognizable offence is made out, therefore, this Court need not to interfere in the matter as there is no good ground available to quash the FIR. 6. Accordingly writ petition is dismissed in limine. (Pankaj Purohit, J.) 16.07.2025 SK 2