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2025 Supreme(Online)(UK) 2573
HIGH COURT OF UTTARAKHAND
BRAHMA SWAROOP – Appellant
Versus
STATE OF UTTARAKHAND – Respondent
WPCRL 1583 / 2021
SL. No
Date
Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures
COURT’S OR JUDGES’S ORDERS
W PCRL 1 5 8 3 / 2 0 2 1 H on’ble M a noj Kum a r Tiw a r i, J. None appears for t he pet it ioners. Mr. Devendra Singh, AGA, w it h Mr. J.P. Kandpal, Brief Holder for t he St at e. sought ( 2) Pet it ioners have quashing of FI R/ Case Crim e No. 23 of 2021, lodged against t hem for t he offences punishable under Sect ion 323, 504, 506 I PC at PS Kot wali Dehradun ( ROP Khurbura) , Dist rict Dehradun. Learned St at e Counsel subm it s ( 3) t hat upon invest igat ion, chargesheet has been filed against pet it ioners. He t hus subm it s t hat writ pet it ion has becom e infruct uous. ( 4) Mere filing of chargesheet does not render t he writ pet it ion infruct uous. I have gone t hrough t he im pugned FI R, which is on record as Annexure- 1 t o t he writ pet it ion. Specific allegat ions have been m ade against t he pet it ioners in t he said FI R. Learned Counsel for t he ( 5) pet it ioners subm it s t hat allegat ions are false and baseless, which have been levelled only t o harass and hum iliat e t he pet it ioners. ( 6) Whet her t he allegat ions m ade in t he FI R are correct or not cannot be
3 exam ined by t his Court in a writ pet it ion under Art icle 226 of t he Const it ut ion. The Scope of powers under Art icle 226 has been considered and discussed by Hon’ble Suprem e Court in t he case of M/ s Neeharika I nfrast ruct ure Pvt . Lt d. v. St at e of Maharasht ra & ot hers, report ed in AI R 2021 SC 1918. None of t he t est s laid down in t he said j udgm ent are m et in t he present case. Thus t here is no scope for int erference. Writ pet it ion t hus fails and is ( 7) dism issed. ( M a n oj Ku m a r Tiw a r i, J.) .1 .2 0 2 5 Pr
