WPCRL/432/2021
2024 Latest Caselaw 2704 UK

Uttarakhand High Court

WPCRL/432/2021 on 22 November, 2024

Author: Manoj Kumar Tiwari

Bench: Manoj Kumar Tiwari

2024:UHC:8706 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.432 of 2021 Hon'ble Manoj Kumar Tiwari, A.C.J.

There is no representation for the petitioner.

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

2. Petitioner has sought quashing of F.I.R. No.211 of 2021, under Section 354-D, 376 and 506 I.P.C., registered at Police Station Laksar, District Haridwar. He has also sought a direction to the Police Authorities not to arrest him, pursuant to the aforesaid F.I.R.

3. Learned State Counsel submits that, upon investigation, charge sheet has been filed against the petitioner 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 petitioner has 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.1 to the writ petition. Specific allegations have been made against the petitioner that he sexually assaulted complainant. Petitioner contends that the allegations are not correct and the complainant was in a relationship with the petitioner.

6. Whether the allegations made in the F.I.R. are correct or not, cannot be examined at this stage. It is matter of 2024:UHC:8706

trial.

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 Digitally signed by ARPAN JAISWAL DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND, 2.5.4.20=eabb68a3895e41937c266c23964c0485365445e3a20dddb

JAISWAL 7393398f9fe45ba3e, postalCode=263001, st=UTTARAKHAND, serialNumber=060FC17022BEAE3DE215D68D9D454C5109CB98744 6351E4DF04AADAA2C2CEA66, cn=ARPAN JAISWAL Date: 2024.11.26 10:42:09 +05'30' 2024:UHC:8706