WPCRL/675/2021
2024 Latest Caselaw 2706 UK

Uttarakhand High Court

WPCRL/675/2021 on 22 November, 2024

Author: Manoj Kumar Tiwari

Bench: Manoj Kumar Tiwari

Office Notes, reports, orders or proceedings or No Date COURT'S OR JUDGES'S ORDERS directions and Registrar's order with Signatures WPCRL No. 673 of 2021 With WPCRL No. 675 of 2021 Hon'ble Manoj Kumar Tiwari, A.C.J.

There is no representation for the petitioner.

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

3. Petitioners have sought quashing of FIR No. 0062 of 2021, registered in Police Station Rajpur, District Dehradun for offences punishable under Section 420, 467, 468, 471, 120-B IPC.

4. Learned State Counsel submits that Investigating Officer has filed charge-sheet against the petitioners. Thus, he submits that the writ petition has become infructuous.

5. This Court, however, is not impressed by the said submission. The impugned FIR is on record as Annexure-1 to the writ petition. The allegations made in the FIR are specific and ingredients of all offences are made out.

6. Whether those allegations are correct or incorrect cannot be seen at this stage. It is a matter of trial. 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.

7. 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.

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

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