Lokesh Chand vs State Of Uttarakhand And Others
2023 Latest Caselaw 537 UK

     HIGH COURT OF UTTARAKHAND AT
               NAINITAL
             Criminal Writ Petition No.358 of 2023

Lokesh Chand                                           ....Petitioner

                                Versus

State of Uttarakhand and Others                     ....Respondents

Present:-
              Mr. G.C. Kandpal and Mr. Vinod Tiwari, Advocates for the
              petitioner.
              Mr. Lalit Miglani, A.G.A. for the State.

                             JUDGMENT

Hon'ble Ravindra Maithani, J. (Oral)

The petitioner seeks quashing of FIR No.37 of

2022, dated 09.02.2022, under Section 67A of the

Information Technology Act, 2000, and Sections 504 and 506

IPC, Police Station Pithoragarh, District Pithoragarh.

2. Heard learned counsel for the parties and

perused the record.

3. According to the FIR, Since January, 2022,

some persons had been sending obscene messages to the

informant through social media platform.

4. Learned counsel for the petitioner would submit

that, in fact, during investigation, it was revealed that the

SIM, which was used for sending such messages, belongs to

some Umesh Singh and that person Umesh Singh told it to

the Investigating Officer that he had given that SIM to the

petitioner, which has not been substantiated by any evidence.

It is also argued that the informant, who is the victim, has

given a statement that she does not want to proceed further

with the case.

5. It is a petition under Article 226 of the

Constitution of India. Generally, if an FIR discloses

commission of any offences, no interference is warranted.

What is being argued is that the informant does not want to

press the case. Petitioner seeks quashing of the FIR. What is

the truthfulness and credibility of the FIR, it is a matter

within the domain of the Investigating Officer. This Court,

based on some statement given by the informant, cannot

adjudicate or quash the FIR.

6. Having considered, this Court is of the view that

there is no reason to make any interference. Accordingly, the

petition deserves to be dismissed, at the stage of admission

itself.

7. The petition is dismissed in limine.

(Ravindra Maithani, J.) 28.02.2023 Ravi Bisht