Extracted from the PDF above. The PDF is authoritative.
2025:UHC:221 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. 1692 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 FIR No. 330 of 2021, for offences punishable under Sections 376 (2) (n), 323, 504, 506 IPC, registered at Police Station SIDCUL, District Haridwar.
4. Learned State Counsel submits that upon investigation, Investigating Officer has filed charge-sheet against petitioner on
02.10.2021. 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 the petitioner are serious and specific, and the ingredients of the 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
2025:UHC:221 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=3be23325146e76a0642bdf4943fb9046f4 87df006da82a131bb4e4403d3c0a15, postalCode=263001, st=UTTARAKHAND, serialNumber=18167EEFB5CA8CFFD421A103819D A875643AF56D653D095C6ED9A86DAAB21CE5, cn=NAVEEN CHANDRA Date: 2025.01.15 12:40:02 +05'30'
2025:UHC:221