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2025 DAILYLAW 4494 (UTT)

KAILASH SINGH KUNWAR AND ORS v. STATE OF UTTARAKHAND

WPCRL/252/2025 · 2025-05-14

Alok Mahra, G Narendar

Writ Petition (Criminal)body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

2025:UHC:3881-DB 1 IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL THE HON’BLE CHIEF JUSTICE MR. G. NARENDAR AND THE HON’BLE JUSTICE MR. ALOK MAHRA Writ Petition (Criminal) No. 252 of 2025 14th May, 2025 Kailash Singh Kunwar and Others --Petitioners Versus State of Uttarakhand and Others --Respondents ---------------------------------------------------------------------- Presence:- Mr. R.S. Sammal and Mr. D.S. Mehta, learned counsel along with Mr. Rakesh Singh Kunwar, petitioner-in-person. Mr. S.S. Chauhan, learned DAG along with Mr. Vikas Uniyal, learned Brief Holder for the State. Mr. Lalit Miglani, learned counsel for the private respondent. --------------------------------------------------------------------- JUDGMENT : (per Mr. G. Narendar C. J.) In the course of hearing, it has come to notice that a Final Report has been filed in the FIR lodged by petitioner no.4 and the Trial Court has also accepted the Final Report and, while so accepting, it has recorded that no protest or objections have been filed by the complainant to the Final Report. 2. It is contended on behalf of petitioner no.4 that petitioners have indeed filed the protest petition to 2025:UHC:3881-DB 2 the Final Report and that the Trial Court has not taken cognizance of the same. 3. If that be so, the onus was on the petitioners to have challenged the Final Report dated 19.09.2024. In the absence of challenge to the said Final Report, the instant writ petition, in our opinion, is misconceived. 4. In that view, reserving liberty to challenge the order on the Final Report dated 19.09.2024, the present writ petition stands disposed of. (G. NARENDAR, C. J.) (ALOK MAHRA, J.) Dated: 14.05.2025 BS BALWANT SINGH Digitally signed by BALWANT SINGH DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND, 2.5.4.20=fbbd191c8bdb8b16e8ca7937deaf72a17c02fe2eacbf28cdf4 ba7ce8640c5820, postalCode=263001, st=UTTARAKHAND, serialNumber=04E141DF4614F9A4D5F48346EB553DE5185F418755 DC00A7A13C14A680C3FA90, cn=BALWANT SINGH Date: 2025.05.26 12:58:56 +05'30'