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2025 DAILYLAW 9522 (UTT)

PAHAL SINGH v. STATE OF UTTARAKHAND

WPCRL/1762/2021 · 2025-01-03

Manoj Kumar Tiwari

body2025

Judgment text

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 1762/2021 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. 697 of 2021, lodged against him for the offences punishable under Section 420, 467, 468 and 471 IPC at PS Kotwali Laksar, District Haridwar. (3) Learned State Counsel submits that upon investigation, chargesheet has been filed against petitioner. He thus submits that writ petition has become infructuous. (4) Mere filing of chargesheet will not render the writ petition infructuous. An FIR can be quashed if the necessary ingredients of the alleged offences are not made out. I have gone through the impugned FIR, which is on record as Annexure-7 to the writ petition. Allegations made are specific. Correctness of those allegations cannot be gone into in a writ petition filed under Article 226 of the Constitution. (5) Hon’ble Supreme Court in the case of M/s Neeharika Infrastructure Pvt. Ltd. v. State of Maharashtra & others, reported in AIR 2021 SC 1918, has laid down parameters for quashing the FIR. Since the parameters laid down in the said case are not met in the present case, this Court do not find any scope for interference with the impugned FIR. (6) Writ petition thus fails and is dismissed. (Manoj Kumar Tiwari, J.) 3.1.2025 Pr