WPCRL/628/2019 of GURMEET KAUR Vs STATE OF UTTARAKHAND
Parties
- WPCRL/628/2019 of GURMEET KAUR (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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submits that contentions raised on behalf of petitioner at best can be treated as her defence, which can be considered during trial. He submits that charge sheet has been filed against petitioner and he can raise these contentions before trial Court. 6. Whether the allegations 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, therefore, 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