2025:UHC:3940 HIGH COURT OF UTTARAKHAND AT NAINITAL Writ Petition Criminal No. 464 of 2025 15 May, 2025 Furqan --Petitioner Versus State of Uttarakhand and Ors. --Respondents ---------------------------------------------------------------------- Presence:- Mr. Mani Kumar, learned counsel for petitioner. Mr. Bhaskar Chandra Joshi, learned A.G.A. with Ms. Sweta Badola Dobhal, learned Brief Holder for the State of Uttarakhand/respondent Nos.1 & 2. Hon'ble Pankaj Purohit, J. Heard learned Counsel for the parties. 2. By means of the present writ petition, petitioner has put to challenge the FIR No.29 of 2025 dated 30.01.2025, under Section 309(4) of the B.N.S. Act, 2023, registered with Police Station Gadarpur, District Udham Singh Nagar. 3. The brief facts of the case are that on 30.01.2025, respondent No.3-informant lodged an FIR with the averments that on the intervening night of 28/29.01.2025, when he was sleeping with his family, at about 02:00-03:00 at midnight, two masked persons entered into his house and looted cash and jewellery on gun point and ran away from the place of incident. 4. It is contended by learned counsel for the petitioner that the FIR was lodged against the two unknown persons and the petitioner was not named in the FIR; the FIR was lodged with a delay of more 1 2025:UHC:3940 than 24 hours and the reason of delay has not been described in the body of the FIR; petitioner has falsely been implicated by the respondent No.3. It is further contended by him that the FIR in the matter is completely based on the story narrated by the respondent No.2, there is no direct evidence against the petitioner and in the absence of any creditable evidence against the petitioner, no offence under Section 309(4) B.N.S. is made out. 5. Per contra, learned State Counsel supported the story narrated in the FIR and submits that prima-facie, the offence under Section 309(4) B.N.S. is made out. 6. From perusal of the first information report, this Court is of the view that prima-facie, the commission of cognizable offence is made out against the petitioner. The offence alleged against the petitioner is very serious in nature, therefore, this Court doesn’t want to interfere with the impugned FIR. Moreover, prima-facie, the offence is made out. The name of the petitioner cropped up during investigation. He deserves no protection from this Court. Accordingly, the present criminal writ petition is dismissed in-limine. 7. Pending application, if any, stands disposed of accordingly. (Pankaj Purohit, J.) 15.05.2025 PN 2 PREETI NEGI Digitally signed by PREETI NEGI DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND, 2.5.4.20=63c75a8c4765581180a58d7478fadb e38331bac55c78b5f9f0276c16432f6aab, postalCode=263001, st=UTTARAKHAND, serialNumber=2BA53171893B3C3CB3CCCAE8 1FAE064498483A83D84BDB0F9229D5BF08D 959AC, cn=PREETI NEGI Date: 2025.05.15 15:49:45 +05'30'