WPCRL/1467/2022 of IKRAM ALI Vs STATE OF UTTARAKHAND SUPERINTENDENT OF POLICE HARIDWAR
Parties
- WPCRL/1467/2022 of IKRAM ALI (PETITIONER)
- S.K. Mish r a, J.) 2 6 .0 8 .2 0 2 2 (RESPONDENT)
Cites (3 resolved of 5 detected)
- 2021 SCC ONLINE 315 (2021) DISTINGUISHED
- NEEHARIKA INFRASTRUCTURE PVT. LTD. versus STATE OF MAHARASHTRA AND OTHERS (2021)
- AIR 1960 SC 866 (1960) DISTINGUISHED
Full text
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Learned counsel for the petitioners very emphatically argued that there are other questions to be decided like execution of will in favour of the executant Seeto Devi and that the petitioners have no role in conspiracy. However, it is the right of the police to investigate the criminal allegations and only taking into consideration the defence case, the FIR cannot be quashed. The Writ Court while considering an application for quashing of the FIR has to consider whether the facts stated in the FIR reveals cognizable case for the offence alleged or not. It is not the duty of the Court if in ultimate analysis the case ends with an acquittal or not. However, this Court is of the opinion that this case does not come within the parameters laid down by the Hon’ble Apex Court in the cases of R.P. Kapur vs. State of Punjab, AIR 1960 SC 866, State of Haryana vs. Bhajan Lal , 1992 Supp (1) SCC 335 and Neeharika Infrastructure Pvt. Ltd. vs. State of Maharashtra, 2021 SCC Online 315. Hence, there is no merit in the writ petition. The writ petition is, therefore, dismissed. Pending application also stands dismissed.
( S.K. Mish r a, J.) 2 6 .0 8 .2 0 2 2