2025:UHC:7203 HIGH COURT OF UTTARAKHAND AT NAINITAL Writ Petition Criminal No. 865 of 2025 14th August, 2025 Aman ………Petitioner Versus State of Uttarakhand and another …….Respondents ---------------------------------------------------------------------- Presence:- Mr. Arjun Arora, Advocate holding brief of Mr. Abhishek Verma, Advocate for the petitioner. Mr. B.C. Joshi, A.G.A. for the State. ---------------------------------------------------------------------- Hon'ble Pankaj Purohit, J. By means of this writ petition, the petitioner has put to challenge the FIR No.0233 of 2025 dated 20.05.2019, under Section 103(1) of B.N.S. 2023, registered at Police Station Patel Nagar, District Dehradun lodged by respondent no.3 against the petitioner with a further direction to respondent no.2 not to arrest the petitioner. 2. Facts of the case, as per version of the FIR are that on May 18, 2025, at approximately 08:55 P.M., respondent no.3 received a phone call from one Ashu of Vijay Park, Dehradun, and he told him that his brother had been injured and further told him to come to the Indresh Hospital immediately. When respondent no.3 arrived at the hospital, he saw that his brother, Sagar, had a gunshot wound to his chest, and the doctors had declared him dead. Respondent no.3 later came to know that Aman, Shubham Kashyap, Honey, and Ashu were all sitting together when Aman, son of Kishan Lal, shot and killed his brother Sagar. 3. Learned counsel for the petitioner submits that the petitioner has been falsely made accused of the crime, 1 2025:UHC:7203 which he did not commit, as the deceased (Sagar) accidentally shot himself with his own pistol while being intoxicated at a birthday party. The petitioner has no motive or intent for him to commit the crime, and he was the one who took deceased (Sagar) to the hospital after the incident. He also points out a delay of two days in filing the FIR, and alleges that the FIR was lodged to pressurize the petitioner. 4. Having considered the submissions advanced by learned counsel for the petitioner as well as perusal of the writ petition, this Court finds no good ground to exercise its extraordinary jurisdiction under Article 226 of the Constitution of India to quash the FIR as the FIR discloses a prima facie case against the petitioner as the allegations levelled against the petitioner are serious in nature and pertains to the homicidal death of a person by firearm. Whether the petitioner is innocent or not or whether the death was accidental are questions of fact that require investigation and cannot be determined at this stage. 5. Accordingly, the writ petition stands dismissed. (Pankaj Purohit, J.) 14.08.2025 SK 2