Extracted from the PDF above. The PDF is authoritative.
SL. No Date Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures COURT’S OR JUDGES’S ORDERS
WPCRL 1745/2021 Hon’ble Manoj Kumar Tiwari, J.
None appears for the petitioner.
Mr. Devendra Singh, AGA, with Mr. J.P. Kandpal, Brief Holder for the State. (2) Petitioner has sought quashing of FIR No. 4 of 2021, lodged against him for the offences punishable under Section 420, 467, 468, 471, 120B IPC at PS Cyber PS, District Dehradun. (3) Learned State Counsel submits that upon investigation, chargesheet has been filed against petitioner. He thus submits that writ petition has become infructuous. (4) Writ petition does not become infructuous merely because chargesheet is filed. I have gone through the impugned FIR, which is on record as Annexure-1 to the writ petition. Specific allegations have been made against petitioner. It is not the case that necessary ingredients of the alleged offences are not made out. Whether the allegations are correct or incorrect cannot be gone into by this Court in a writ petition filed under Article 226 of the Constitution. It is a matter of trial. (5) In an authoritative judicial pronouncement rendered in the case of M/s Neeharika Infrastructure Pvt. Ltd. v.
State of Maharashtra & others, reported in AIR 2021 SC 1918, Hon’ble Supreme has set out parameters for quashing the FIR. None of those parameters is met for quashing the impugned FIR. Thus there is no scope for interference. (6) Writ petition thus fails and is dismissed.
(Manoj Kumar Tiwari, J.)
3.1.2025 Pr