SUBHASH SHARMA Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) This criminal writ petition was initially filed by the petitioner for quashing the F.I.R. No.0166 of 2018, for the offences punishable under Sec. 469 and 504 I.P.C. and Sec. 66 of Information Technology (Amendment) Act, 2000, registered at Police Station Dalanwala, District Dehradun.

(2.) During pendency of this criminal writ petition, the Investigating Officer submitted charge sheet against the petitioner, on 8/8/2018. A Coordinate Bench of this Court vide order dtd. 8/8/2019 dismissed the writ petition as infructuous on the statement made by learned State Counsel that charge sheet has been filed in the Court. Petitioner challenged the order dtd. 8/8/2019 before the Hon'ble Apex Court. The Hon'ble Apex Court vide order dtd. 30/8/2024 remanded the matter back to this Court and gave liberty to the petitioner to challenge the validity of charge sheet. Pursuant to the order passed by Hon'ble Apex Court, petitioner filed the amendment application, whereby he has sought quashing of charge sheet dtd. 8/8/2018 and also entire proceedings of Criminal Case No.3851 of 2018 pending in the Court of A.C.J.M, Dehradun. The said application has been allowed by this Court vide order dtd. 4/7/2025.

(3.) Facts of the case, in a nutshell, are that an F.I.R. dtd. 20/7/2018 was registered on the complaint moved by respondent no.3, wherein it is stated that petitioner has raised frivolous allegations against respondent no.3, who was working as an Assistant Teacher in Government Primary School Ajapur Kalan, Dehradun, regarding her educational qualification; that petitioner had twice held Press Conference i.e. on 30/6/2018 and 18/7/2018; that, in the Press Conference, petitioner alleged that respondent no.3 does not possess valid educational qualification for holding the post of Assistant Teacher.