WPCRL/1245/2022 of NARENDRA RANA Vs STATE OF UTTARAKHAND
Parties
- End of picture text -----<br> (PETITIONER)
- State of Bihar and another,<br>reported in (2014) 8 SCC 273.<br>( Man oj Ku m ar Tiw ar i, J.)<br> 30.06.2022<br>Shubham (RESPONDENT)
Cites (2)
- AIR 2021 SC 1918 (2021) DISTINGUISHED
- NEEHARIKA INFRASTRUCTURE PVT. LTD. versus STATE OF MAHARASHTRA AND OTHERS (2021)
Full text
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persons nabbed by the public for safety and necessary action towards the official vehicle, petitioners caught hold of the complainant, manhandled him and threw his cap on the floor. It is also alleged in the FIR that petitioners hurled abuses and threatened the complainant of dire consequences. Learned counsel for the petitioners submitsthat allegations in the F.I.R. are false and concocted. He submits that there is no reliable evidence to prove the allegations against the petitioners, therefore, the impugned F.I.R. deserves to be quashed. Whether the allegation made in the F.I.R. against petitioners is correct or not, cannot be adjudicated at this stage. It is matter of trial. Since F.I.R. discloses commission of cognizable offence and none of the parameters laid down by Hon’ble Supreme Court in the case of M/ s Neeharika Infrastructure Pvt. Ltd. v. State of Maharashtra & others, reported in AIR 2021 SC 1918, are satisfied for quashing F.I.R., this Court is not inclined to interfere in the matter.