WPCRL/1041/2020 of KALEEM Vs STATE OF UTTARAKHAND
Parties
- WPCRL/1041/2020 of KALEEM (PETITIONER)
- STATE OF UTTARAKHAND (RESPONDENT)
Cites (2)
- AIR 2021 SC 1918 (2021) DISTINGUISHED
- NEEHARIKA INFRASTRUCTURE PVT. LTD. versus STATE OF MAHARASHTRA AND OTHERS (2021)
Statutes cited (1)
- constitution of india, article-226 (1950)
Full text
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sheet has been filed against petitioner, he can put his defence before trial Court or he can seek discharge, if grounds are available. 6. Whether the allegation made in the F.I.R. are correct or not, cannot be adjudicated at this stage. It is matter of trial. 7. 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 met for exercise of power under Article 226 of the Constitution, this Court is not inclined to interfere in the matter. 8. Accordingly, writ petition is dismissed. ( Man oj Ku m ar Tiw ar i, J.) 20.07.2023 Arpan