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.1137 of 2021 Hon’ble Manoj Kumar Tiwari, J.

Mohd. Matulb, Advocate for the petitioners.

Mr. K.S. Bora, Deputy Advocate General and Mr. J.P. Kandpal, Brief Holder for the State of Uttarakhand. Mr. Yash Bisht, Advocate, holding brief of Mr. Vikas Bahuguna, Advocate for respondent no.3.

2. Petitioners have sought quashing of F.I.R. No.0121 of 2021, for offences punishable under Sections 3(1)(x) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (Amendment 2015) and Section 147, 323, 352, 504 & 506 I.P.C., registered at Police Station Basant Vihar, District Dehradun.

3. Learned State Counsel submits that upon investigation, Investigating Officer has filed charge-sheet against petitioners. He thus, submits that the writ petition has become infructuous.

4. The writ petition would not become infructuous by filing of charge-sheet and F.I.R. can be quashed, if ingredients of the offence are not made out.

5. The impugned F.I.R. is on record as Annexure No.5 to the writ petition. The allegations against the petitioners are specific and the ingredients of the offences are made out. Whether the allegations made in the F.I.R. are correct or not, cannot be examined at this stage.

It is matter of trial.

6. In view of parameters laid down by 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, this Court does not find any reason to interfere with the impugned F.I.R.

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

(Manoj Kumar Tiwari, J.)

11.02.2025

Arpan