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UKHC010133502026
2026:UHC:6790 SL. No. Date Office Notes, reports, orders or proceedings or directions and Registrar’s
order with Signatures COURT’S OR JUDGE’S ORDERS
CRLR/579/2026
Rajpal Singh
……..Revisionist Versus State Of Uttarakhand ………Respondent
Hon'ble Alok Mahra, J.
Mr. G.D. Joshi, learned counsel for the revisionist.
2. Mr. S.C. Dumka, learned A.G.A. along with Mr. Nikhil Bisht, learned Brief Holder for the State.
3. By means of the present criminal revision, the revisionist has challenged the
order dated 11.07.2026 passed by the learned District and Sessions Judge, Haridwar in Case No. Electricity Act/0001377/2022, whereby a non- bailable warrant has been issued against him.
4.
Learned counsel for the revisionist would submit that the revisionist is the recorded tenure-holder and cultivator of the agricultural land in question; that, an electricity transformer has been installed adjacent to a portion of the said land, and the revisionist has been granted a duly sanctioned agricultural electricity connection for operating his tube-well for irrigation purposes; that, the local lineman of the Uttarakhand Power Corporation Ltd. (UPCL) repeatedly obstructed the revisionist from utilizing the said lawful electricity connection and allegedly demanded illegal gratification; that, against the same, the revisionist lodged a complaint on the Chief Minister's Grievance Portal (C.M. Portal), whereupon
UKHC010133502026
2026:UHC:6790 the Sub-Divisional Officer, Electricity Distribution,
directed the Executive Engineer, Electricity Distribution Division, to inquire into and dispose of the complaint in accordance with law; that, on 03.12.2019, an inspection team of the Electricity Department visited the premises of the revisionist, disconnected the electricity supply, and removed the service wire; that, thereafter, the revisionist submitted a detailed representation before the Executive Engineer concerned challenging the action of the departmental officials and also sought relevant information under the Right to Information Act, 2005.
5.
Learned counsel would further submit that subsequently the departmental officials lodged an F.I.R. against the revisionist under Section 135 of the Electricity Act, 2003; that, after completion of investigation, a charge-sheet was submitted, whereafter the competent Court took cognizance and summoned the revisionist vide order dated 06.07.2021; that, challenging the said proceedings, the revisionist preferred C-482 Petition No. 1927 of 2021 before this Court, which came to be dismissed vide order dated 06.06.2025; that, thereafter, on account of the non-appearance of the revisionist before the trial Court, the learned Court below, by the impugned order dated 11.07.2026, issued a non-bailable warrant against him.
6.
Learned counsel for the revisionist would further submit that during the outbreak of the COVID-19 pandemic, the revisionist contracted the infection and suffered serious medical complications; that, even after recovering from the infection, he continued to suffer from post-COVID ailments and remained under
UKHC010133502026
2026:UHC:6790 continuous medical treatment for a considerable period; that, owing to his prolonged illness and persistent physical weakness, the revisionist was unable to effectively attend to his day-to-day affairs and remained unaware of the dates fixed by the learned trial Court. It is, therefore, contended that his non-appearance before the Court was neither deliberate nor wilful, but occurred due to circumstances beyond his control, therefore, the non- bailable warrant issued against him deserves to be set aside or kept in abeyance to enable him to appear before the trial Court.
7. Per contra, learned State Counsel would vehemently oppose the submissions advanced on behalf of the revisionist and submitted that the revisionist had remained absent before the trial Court for a prolonged period even after the COVID- 19 pandemic had subsided; that, only after taking note of the continuous and unexplained non-appearance of the revisionist did the learned trial Court pass the order dated 11.07.2026 issuing a non- bailable warrant, therefore, the impugned
order suffers from no illegality warranting interference by this Court in exercise of its revisional jurisdiction.
8. In reply, learned counsel for the revisionist submitted that the next date fixed before the trial Court is 13.08.2026 and the revisionist undertakes to appear before the Court concerned on the said date without fail. It is further submitted that if the non-bailable warrant is kept in abeyance till the next date of listing before the court concerned, the revisionist shall surrender before the trial Court and move an appropriate application for bail, which may be
directed to be considered expeditiously, preferably on the same day.
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2026:UHC:6790
9. Heard learned counsel for the parties and perused the material available on record.
10. Having considered the rival
submissions and the
facts and circumstances of the case, this Court is of the opinion that the ends of justice would be adequately served by granting the revisionist an opportunity to appear before the trial Court. Accordingly, the operation of the non-bailable warrant dated 11.07.2026 passed by the learned District and Sessions Judge, Haridwar shall remain in abeyance only up to 13.08.2026, subject to the condition that the revisionist shall positively appear before the Court concerned on the said date. In the event the revisionist surrenders and files an application for bail, the same shall be considered and decided by the Court concerned expeditiously, and if possible on the same day, strictly in accordance with law and on its own merits.
11. It is made clear that if the revisionist fails to appear before the court concerned on the date so fixed, the interim protection granted by this order shall automatically stand vacated without any further reference to this Court, and the court concerned shall thereafter be at liberty to proceed against the revisionist strictly in accordance with law.
12. With the aforesaid observations and directions, the present criminal revision stands disposed of.
13. Pending applications, if any, also stand disposed of.
(Alok Mahra, J.) 04-08-2026 Mamta
MA MTA RANI Digitally signed by MAMTA RANI DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND, 2.5.4.20=6a812005bebfcf46f2 44f3e584af1449e430ef900bf0 9a6d67ebbd642671329b, postalCode=263001, st=Uttarakhand, serialNumber=5de1751a4f1d 9cabfd54852c9e68911ca8b66 dd26690a191648ab5d8dd00 4ef0, cn=MAMTA RANI Date: 2026.08.05 17:32:36 +05'30'