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2025 DAILYLAW 10662 (UTT)

KASHIB KHAN v. STATE OF UTTARAKHAND

WPCRL/950/2025 · 2025-08-29

Ashish Naithani

Writ Petition (Criminal)body2025

Judgment text

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2025:UHC:7716 SL. No. Dat e Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures COURT’S OR JUDGE’S ORDERS WPCRL No. 950 of 2025 Hon’ble Ashish Naithani, J. Mr. Mohit Kumar, learned counsel for the Petitioner. 2. Mr. S. S. Chauhan, learned D.A.G. assisted by Mr. Vikash Uniyal, learned Brief Holder for the State. 3. The present writ petition (criminal) under Article 226 of the Constitution of India is filed on behalf of the Petitioner, Kashib Khan S/o Shiraj Khan against the Respondent in particular Respondent no.3, Sajid Kha S/o Mr. Aziz Kha, who is the complainant; the present writ petition comes with the prayer to quash the impugned F.I.R. dated 20.08.2025 being F.I.R. No.0268 of 2025, for the offence punishable under Sections 109, 190, 191(2), 191(3), 324(2) of BNS, 2023, at P.S. Kichha, District Udham Singh Nagar and further to direct the respondent no.2 not to arrest the petitioner in connection with the abovementioned F.I.R. 4. Learned counsel for the petitioner makes a submission before this Court that the said First Information Report no.0268 of 2025 filed in the case, is resulted in a clash between the parties of the election of Gram Pradhan, Darou, Police Station, Kichha, District Udham Singh Nagar. He further makes a statement that though, the petitioner (Kashib Khan S/o Shiraj Khan) is not named in the F.I.R. still the police had been looking for him and he was questioned by the police of the said Police Station; and he fears an apprehension of his arrest and that he may be roped in the present matter. 5. Learned State counsel, however, makes a submission on the basis of written instructions from the Police Station Kichha, District Udham Singh Nagar, wherein it is stated 2025:UHC:7716 that the petitioner is neither informant, nor named in the F.I.R. as assailant and hence, there is no ground for the present petition to be admitted as no cause of action has been arisen against the said petitioner. He further submits that the impugned F.I.R. No.0268 of 2025 against which, the petitioner has moved the present petition under Article 226 of the Constitution of India, is also related with other three separate FIRs mentioned as below:- Sl. Nos. First Information Report Sections (i) FIR No.0255 of 2025 U/s 109(1) & 324(2) of BNS, 2023 (ii) FIR No.0263 of 2025 U/s 103(1), 109(1), 190, 191(2), 191(3), 333, 351(2), 352 & 61(2) of BNS, 2023 (iii) FIR No.0264 of 2025 U/s 103(1), 109(1), 115(2), 190, 191(2), 191(3), 310(2), 351(2) & 75(1) of BNS, 2023 6. After hearing the learned counsel for the parties and perusal of the record including the instructions as submitted by learned State counsel, this Court does not find any locus in the present petition at this stage of admission. Therefore, the impugned F.I.R. dated 20.08.2025 being F.I.R. No.0268 of 2025, for the offence punishable under Sections 109, 190, 191(2), 191(3), 324(2) of BNS, 2023, at P.S. Kichha, District Udham Singh Nagar, is hereby quashed. 7. Accordingly, the present writ petition, therefore, stands disposed of. (Ashish Naithani, J.) 29.08.2025 Akash AKASH Digitally signed by AKASH DN: c=IN, o=HIGH COURT OF UTTARAKHAND, 2.5.4.20=dae2472c001d56469ea76fc0caa68f48ef73518c148d1405 66ab1e26f9cbe61d, postalCode=263001, st=Uttarakhand, serialNumber=27096a1625377537a487dee49224c891823fc6a0334 628b21e516047ed4f22f7, cn=AKASH Date: 2025.09.01 10:39:34 +05'30'