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2025 DAILYLAW 9280 (UTT)

KIRAN DALAKOTI v. STATE OF UTTARAKHAND

WPCRL/777/2025 · 2025-07-22

Pankaj Purohit

body2025

Judgment text

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2025:UHC:6393 SL. No Date Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures COURT’S OR JUDGES’S ORDERS WPCRL No.777 of 2025 Hon’ble Pankaj Purohit, J. Mr. Amar Murti Shukla, learned counsel for the petitioner. 2. Mr. S.S. Chauhan, learned D.A.G. with Mr. Vikas Uniyal, learned Brief Holder for the State of Uttarakhand/respondents. 3. By means of the present criminal writ petition, petitioner has sought the indulgence of this Court for a direction to the respondents to increase appropriate Sections of the BNS in the FIR No.20 of 2025 dated 06.05.2025, for the offences punishable under Sections 115(2), 351(2), 351(3) and 352 of the BNS 2023, registered with P.S. Bhowali, District Nainital, looking to the gravity of the offence committed by the accused. 4. Learned State Counsel, on instruction dated 21.07.2025, which is taken on record, submits that after investigation, charge-sheet has been submitted against the accused person named in the FIR under the aforementioned Sections, on 20.07.2025. So far as the prayer of the petitioner got addition of the other Sections of heinous nature is concerned, the same can be taken care of at the time of trial when the evidence adduced and the appropriate application for purpose of addition of charge is made by the prosecution. 2025:UHC:6393 5. In this view of the matter, nothing survives in the present criminal writ petition and the same has rendered infructuous. 6. Accordingly, the present criminal writ petition is dismissed as infructuous. However, a liberty is given to the petitioner to move an application under Section 216 Cr.P.C. (Section 239 BNSS) before the Court concerned, if need arises. 7. Pending application, if any, stands disposed of. (Pankaj Purohit, J.) 22.07.2025 PN PREETI NEGI Digitally signed by PREETI NEGI DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND, 2.5.4.20=63c75a8c4765581180a58d7478fadbe3833 1bac55c78b5f9f0276c16432f6aab, postalCode=263001, st=UTTARAKHAND, serialNumber=2BA53171893B3C3CB3CCCAE81FAE 064498483A83D84BDB0F9229D5BF08D959AC, cn=PREETI NEGI Date: 2025.07.23 10:44:12 +05'30'