WPCRL/343/2021
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Uttarakhand High Court

WPCRL/343/2021 on 19 November, 2024

Author: Manoj Kumar Tiwari

Bench: Manoj Kumar Tiwari

2024:UHC:8592 Office Notes, reports, orders or proceedings SL.

Date or directions COURT'S OR JUDGE'S ORDERS No. and Registrar's order with Signatures WPCRL No. 343 of 2021 Hon'ble Manoj Kumar Tiwari, A.C.J. Mr. M.K. Ray, Advocate for the petitioner.

2. Mr. Deepak Bisht, Deputy Advocate General for the State of Uttarakhand.

3. Petitioner has sought quashing of FIR, registered against him for offences punishable under Sections 420, 419, 467, 468, 465, 474 IPC, in Police Station Gadarpur, District Udham Singh Nagar, which is numbered as FIR No. 236 of 2016.

4. Learned State Counsel submits that Investigating Officer has filed charge-sheet against petitioner, as sufficient evidence was found against him to proceed with trial. Thus, he submits that the writ petition has become infructuous.

5. This Court is not impressed with the submission that writ petition has become infructuous, on account of filing of charge-sheet.

6. The impugned FIR is on record as Annexure-1 to the writ petition. Perusal of impugned FIR reveals that ingredients of offence punishable under Sections 420, 419, 467, 468, 465, 474 IPC are made out.

7. Whether the allegations made in the FIR are correct or not cannot be 2024:UHC:8592

gone into, at this stage. Hon'ble Supreme Court has set out the parameters for quashing of FIR in the landmark judgment in the case of M/s Neeharika Infrastructure Pvt. Ltd. Vs. State of Maharashtra & others, reported in AIR 2021 SC 1918. None of the test laid down in the said judgment, are met. Thus, there is no scope for interference with the impugned FIR.

8. Accordingly, the writ petition fails and is dismissed.

(Manoj Kumar Tiwari, A.C.J.) 19.11.2024

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CHANDRA st=UTTARAKHAND, serialNumber=18167EEFB5CA8CFFD421A103819DA875643AF 56D653D095C6ED9A86DAAB21CE5, cn=NAVEEN CHANDRA Date: 2024.11.20 10:20:38 +05'30'