Extracted from the PDF above. The PDF is authoritative.
2025:UHC:1196 SL. No. Date Office Notes, reports, orders or proceedings or directions and Registrar’s
order with Signatures COURT’S OR JUDGE’S ORDERS
WPCRL No. 96 of 2025
Hon’ble Rakesh Thapliyal, J.
1. Mr. Aayush Gaur, learned counsel holding the brief of Mr. Karan Anand, learned counsel for the petitioner.
2. Mr. V.S. Pal, learned A.G.A. for the State.
3. By the instant petition the petitioner is praying for quashing of FIR dated 09.02.2025 bearing FIR No. 0084 of 2025, wherein, the petitioner has been implicated for the offence punishable under Sections 115(2), 190, 191(2), 191(3), 351(3), 352 of BNS 2023, P.S. Pathri District Haridwar.
4.
Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated and he has no criminal history.
5. Apart from this, he submits that all the offences are punishable for less than 7 years. Therefore, the petition be disposed of in the light of the guidelines of the Hon’ble Apex Court in the case of Arnesh Kumar vs. State of Bihar.
6. On perusal of the FIR it reveals that the petitioner assaulted the complainant by a weapon (balkati) on his head and the other co- accused persons assaulted with sariya due to which he sustained grievious injury.
7. Mr. V.S. Pal, learned A.G.A. submits that the specific role has been assigned to the petitioner as per the FIR and he caused the injury in the vital part of the complainant.
8. After taking into consideration that the investigation is still going on and prima-facie from the contents of the FIR the cognizable offence are made out and if any interim protection is granted at this stage, it amounts to interference with the investigation. Whether the petitioner is involved or not, this is completely a prerogative of the investigating officer.
2025:UHC:1196
9. Accordingly, I do not find any merit in the present petition and the same is, accordingly, dismissed.
(Rakesh Thapliyal, J.) 19.02.2025 PR