2025:UHC:231 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. 1675 of 2021 Hon’ble Manoj Kumar Tiwari, J. There is no representation for the petitioner. 2. K.S. Bora, Deputy Advocate General with Mr. J.P. Kandpal, Brief Holder for the State of Uttarakhand. 3. Petitioner has sought quashing of F.I.R. No. 323 of 2021, registered against him for offences punishable under Sections 2 (b) (i), (3) of the U.P. Gangsters and Anti Social Activities (Prevention) Act, 1986, registered at Police Station Kankhal, District Haridwar. 4. Learned State Counsel submits that charge sheet has been filed against petitioner on 28.02.2023, as sufficient evidence was found against petitioner to prosecute him. He, thus, submits that the writ petition has become infructuous. 5. The writ petition would not become infructuous by filing of charge-sheet and FIR can be quashed, if ingredients of the offence are not made out. 6. The impugned F.I.R. is on record as Annexure No.1 to the writ petition. The allegations against petitioner are specific and serious, and the ingredients of the 2025:UHC:231 offences are made out. Whether the allegations made in the F.I.R. are correct or not, cannot be examined at this stage. It is matter of trial. 7. In view of parameters laid down by 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, this Court does not find any reason to interfere with the impugned F.I.R. 8. Accordingly, the writ petition fails and is dismissed. (Manoj Kumar Tiwari, J.) 07.01.2025 Navin NAVEEN CHANDRA Digitally signed by NAVEEN CHANDRA DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND, 2.5.4.20=3be23325146e76a0642bdf4943fb9046f 487df006da82a131bb4e4403d3c0a15, postalCode=263001, st=UTTARAKHAND, serialNumber=18167EEFB5CA8CFFD421A10381 9DA875643AF56D653D095C6ED9A86DAAB21C E5, cn=NAVEEN CHANDRA Date: 2025.01.15 12:39:04 +05'30' 2025:UHC:231