2025:UHC:5950 HIGH COURT OF UTTARAKHAND AT NAINITAL Writ Petition Criminal No. 727 of 2025 10 July, 2025 Karnail Singh @ Pintu Rori and Anr. –Petitioners Versus State of Uttarakhand and Ors. --Respondents ---------------------------------------------------------------------- Presence:- Mr. Anoop Jaiswal, learned counsel for petitioners. Mr. Bhaskar Chandra Joshi, learned A.G.A. for the State of Uttarakhand/respondent Nos.1 to 3. Hon'ble Pankaj Purohit, J. By means of the present writ petition, petitioners have put to challenge the FIR No.0130 of 2025 dated 16.05.2025, for the offences punishable under Sections 109, 115(2), 126(2) and 351(2) of the B.N.S. Act, 2023, registered with Police Station Gadarpur, District Udham Singh Nagar and further to stay the arrest of petitioners during the pendency of this writ petition. 2. The brief facts of the case are that the respondent No.4 lodged an FIR on 16.05.2025 alleging that on 13.05.2025 at around 08:30 PM, the petitioners along with 3-4 other person, physically assaulted the respondent No.4 and his brother with sharp weapons and also threatened them to kill. 3. It is contended by learned counsel for the petitioners that in the alleged incident, the petitioners have sustained serious injuries and it is a case where the victims are made accused and the respondent No.4 in connivance with the police are 1 2025:UHC:5950 trying to falsely implicate the petitioners. 4. Since, once the petitioners admit that they have sustained severe injuries in the alleged incidence, the occurrence of the incident is prima- facie proved, and therefore, there is nothing in the First Information Report, from where it could be culled out that FIR does not disclose any cognizable offences. Hence, this Court is of the view that prima-facie, the commission of cognizable offences are made out against the petitioner. This Court is not a fact finding Court to look into as to whether the offences are proved or not at this stage. The offences alleged against the petitioners are very serious in nature, therefore, this Court doesn’t want to interfere with the impugned FIR. Moreover, the petitioners do not fall within the parameters given in the case of Neeharika, Infrastructure Private Limited Vs. State of Maharashtra and others reported in (2021) 19 SCC 401, therefore, this Court declines to exercise its extraordinary jurisdiction under Article 226 of the Constitution of India. 5. Accordingly, the present criminal writ petition is dismissed in-limine. 6. Pending application, if any, stands disposed of accordingly. (Pankaj Purohit, J.) 10.07.2025 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=63c75a8c4765581180a58d7478fadbe38331bac55c78b5f9f0 276c16432f6aab, postalCode=263001, st=UTTARAKHAND, serialNumber=2BA53171893B3C3CB3CCCAE81FAE064498483A83D8 4BDB0F9229D5BF08D959AC, cn=PREETI NEGI Date: 2025.07.10 16:15:19 +05'30'