2026:UHC:3081 SL. No. Date Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures COURT’S OR JUDGE’S ORDERS C528 No.771 of 2026 Hon’ble Alok Mahra, J. Mr. Jai Krishna Pandey, Advocate for the applicant. Mr. S.C. Dumka, A.G.A. for the State of Uttarakhand. 2. Present C-528 application is filed with the prayer to set-aside/quash the summoning order dated 19.01.2026 and the entire proceedings of Misc. Criminal Case No.333 of 2025, pending in the Court of learned Judicial Magistrate, Haldwani, Nainital. 3. Learned counsel for the applicant has contended that the Domestic Incident Report (D.I.R.) submitted by the Protection Officer is vitiated on account of alleged non-compliance of the prescribed procedure, inasmuch as, no proper verification or independent enquiry was conducted from the neighbourhood, complainant or other relevant persons prior to submission of the report. 4. Upon consideration of the record, this Court finds that the D.I.R. has been prepared in the prescribed proforma in accordance with the relevant statutory Rules and there is nothing on record at this stage to prima facie indicate any patent illegality or procedural irregularity of such magnitude which would vitiate the proceedings. It is well settled that at the stage of taking cognizance and issuance of summons, the Magistrate is only required to form a prima facie 2026:UHC:3081 opinion on the basis of the material placed before it, and a meticulous examination of the veracity or sufficiency of evidence is not warranted. The contention raised by the applicant essentially pertains to disputed questions of fact regarding the manner in which the D.I.R. was prepared, which cannot be adjudicated in proceedings of this nature. The applicant shall have adequate opportunity to raise all such pleas, including objections to the correctness and reliability of the D.I.R., before the trial Court at the appropriate stage. No irreparable prejudice is shown to have been caused to the applicant by mere issuance of summons. In the absence of any manifest illegality, abuse of process of law, or jurisdictional error in the impugned summoning order, this Court does not find any sufficient ground to exercise its inherent jurisdiction for quashing of the proceedings. 5. Accordingly, the present criminal misc. application, being devoid of merit, is liable to be dismissed and is, hereby, dismissed. However, liberty is granted to the applicant to prefer an appeal in accordance with the provisions of Section 29 of the Protection of Women from Domestic Violence Act, 2005. (Alok Mahra, J.) 24.04.2026 Arpan ARPAN JAISWAL Digitally signed by ARPAN JAISWAL DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND, 2.5.4.20=eabb68a3895e41937c266c23964c0485365445e3 a20dddb7393398f9fe45ba3e, postalCode=263001, st=UTTARAKHAND, serialNumber=060FC17022BEAE3DE215D68D9D454C5109 CB987446351E4DF04AADAA2C2CEA66, cn=ARPAN JAISWAL Date: 2026.04.24 17:09:30 +05'30'