2025:UHC:4660 HIGH COURT OF UTTARAKHAND AT NAINITAL Writ Petition Criminal No. 570 of 2025 06 June, 2025 Abid Hussain --Petitioner Versus State Of Uttarakhand & others --Respondents ---------------------------------------------------------------------- Presence:- Mr. Avidit Noliyal, learned counsel for the petitioner. Mr. S.S. Chauhan, learned Deputy Advocate General along with Mr. Vikas Uniyal, learned Brief Holder for the State. ---------------------------------------------------------------------- Hon'ble Pankaj Purohit, J. By means of the present writ petition, petitioner has put to challenge the FIR No.207 of 2025 dated 16.05.2025, under Sections 115(2), 351(2), 352 & 64(1) of BNS, 2023 registered with Police Station Jaspur, District Udham Singh Nagar. 2. Brief facts of the case are that respondent no.3 lodged an FIR on 16.05.2025 with the allegations that the respondent no.3 got married with the son of petitioner, namely, Sher Ali around eight years ago and out of their wedlock, she is having two daughters. It is further alleged in the FIR that husband of the informant was working in Saudi Arab and she was residing in her matrimonial house. It is also alleged that petitioner had an evil eye on the informant and used to molest her and when she opposed, petitioner threatened her to defame in society; 1 2025:UHC:4660 committed rape upon her and she remained quiet out of fear of petitioner. Thereafter, petitioner by intimidating the informant raped her forcefully and continuously harassed her mentally and sexually. When the informant complained to her mother-in-law about the act of the petitioner, her mother-in-law said her to keep quiet and do as the petitioner says. When the husband of the informant returned from Saudi Arab, petitioner threatened her not to disclose anything to her husband otherwise he will kill her husband and daughters, due to these threats, she kept quiet. Then, informant started living separately along with her husband and children but the petitioner continually harassed her mentally and physically. It is also alleged that on 12.05.2025 about 07:00 p.m. when informant and her husband were present in a party of relative, namely, Rashid Hussain, the petitioner came there and attacked her husband with the intention to kill him and when she tried to save him, petitioner assaulted her and abused her in filthy language and threatened her with dire consequences. 3. It is contended by learned counsel for the petitioner that he has falsely been implicated in the instant crime; no specific date and time has been mentioned regarding any alleged incident of sexual harassment or rape. He further submits that petitioner is having a small house and the entire family i.e. petitioner, his wife, informant and her two daughters were living in a small two rooms house and as such, in these circumstances, it was not possible to commit the alleged incident. He also submits that respondent no.3 and her husband want to grab the house of the petitioner and due to their greed of property, they implicated the petitioner in a false case. 2 2025:UHC:4660 4. Per contra, learned State counsel submits that there are serious allegations against the petitioner in the FIR which discloses commission of offence. 5. From perusal of the first information report, it transpires that the allegations made in the first information report are very serious against the petitioner. Hence, this Court does not want to interfere in the impugned FIR by exercising discretionary jurisdiction under Article 226 of the Constitution of India. Accordingly, the writ petition is dismissed in-limine. 6. Pending application, if any, stands disposed of accordingly. (Pankaj Purohit, J.) 06.06.2025 AK 3