WPCRL/1435/2022 of LOKESH GULATI Vs STATE OF UTTARAKHAND SENIOR SUPERINTENDENT OF POLICE HARIDWAR

Office Notes, reports, orders SL. or proceedings Date COURT’S OR JUDGES’S ORDERS No or directions and Registrar’s order with Signatures WPCRL No. 1435 of 2022 Hon ’ble S.K. Mish r a, J.Mr. Bhuwan Bhatt, the learned counsel for the petitioner. Mr. J.S. Virk, the learned Dy. Advocate General for the State. Heard learned counsel for the parties. By filing this writ application, the petitioner has prayed for issuance of certiorari quashing the FIR No. 0490 of 2022, dated 30.06.2022, under Sections 120B, 274, 275, 276, 419 and 420 of the Penal Code registered at P.S. Gangnahar, District Haridwar. Mr. J.S. Virk, the learned Dy. Advocate General on instructions submitted that the petitioner is partner of the firm which was running racket of manufacturing of spurious medicine and that his custodian interrogation is necessary. Though, at this stage the only material against the petitioner is the confessional statement made by the co-accused, this Court is of the opinion that if the investigation is taken up, and on further progress it may reveal further materials implicating the petitioner, thus, for that reason this Court is inclined to hold, prima facie, that case of quashing of the FIR has not been made out in this case. It does not fall within the parameters laid down by the Hon’ble Apex Court in the case of Neeharika Infrastructure Pvt. Ltd. vs. State of Maharashtra, 2021 SCC Online 315, R.P. Kapur vs. State of Punjab, AIR 1960 SC 866 and State of Haryana vs. Bhajan Lal , 1992 Supp (1) SCC 335.

Hence, the writ petition is dismissed in limine, being devoid of merit. Pending application also stands disposed of. ( S.K. Mish r a, J.) 0 3 .0 8 .2 0 2 2 PV