WPCRL/431/2021
2024 Latest Caselaw 2700 UK

Uttarakhand High Court

WPCRL/431/2021 on 22 November, 2024

Author: Manoj Kumar Tiwari

Bench: Manoj Kumar Tiwari

2024:UHC:8705 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.431 of 2021 Hon'ble Manoj Kumar Tiwari, A.C.J.

There is no representation for the petitioners.

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

2. Petitioners have sought quashing of F.I.R. No.01 of 2021, under Section 323, 380, 427, 430 & 506 I.P.C., registered at Revenue Police area/Patti-Mangoli, District Nainital. They have also sought a direction to the Police Authorities not to arrest them, pursuant to the aforesaid F.I.R.

3. Learned State Counsel submits that, upon investigation, charge sheet has been filed against the petitioners by the Investigating Officer before the Court concerned, therefore, the writ petition has become infructuous.

4. This Court is not impressed by the said submission. Since petitioners have sought quashing of F.I.R., therefore contents of F.I.R. has to be seen.

5. The impugned F.I.R. is on record as Annexure No.13 to the writ petition, which is lodged by mother of petitioner no.1. Serious allegations are made against the petitioners.

6. Petitioners contend that allegations made in the F.I.R. are not correct, however, the said issue cannot be gone into in a writ petition. It is a matter of trial.

2024:UHC:8705

7. 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, has summarized the legal position and has also set out the parameters within which the interference with the F.I.R. can be made by High Court. None of the parameters laid down by Hon'ble Supreme Court in the aforesaid judgment, for invoking power under Article 226 of the Constitution for quashing an FIR, are met in the present case.

8. In such view of the matter, there is no scope for interference with the impugned FIR, while exercising extraordinary power under Article 226 of the Constitution.

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

(Manoj Kumar Tiwari, A.C.J.) 22.11.2024 Arpan

ARPAN

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2.5.4.20=eabb68a3895e41937c266c23964c0485365445 e3a20dddb7393398f9fe45ba3e, postalCode=263001,

JAISWAL st=UTTARAKHAND, serialNumber=060FC17022BEAE3DE215D68D9D454C5 109CB987446351E4DF04AADAA2C2CEA66, cn=ARPAN JAISWAL Date: 2024.11.26 10:43:42 +05'30' 2024:UHC:8705