Extracted from the PDF above. The PDF is authoritative.
SL. No.
Date Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures
COURT’S OR JUDGE’S ORDERS
CRLR No. 716 of 2026 Hon'ble Rakesh Thapliyal, J.
1. Ms. Meenu Kashyap, learned counsel for the petitioner. 2. Ms. Meenakshi Sharma, learned A.G.A. for the State. 3. The petitioner herein is the complainant of FIR dated 21.02.2026 bearing FIR No. 0059 of 2026 at P.S. Nanakmatta District U.S. Nagar wherein he has implicated one Kuldeep Singh for the offence punishable under Section 137(2) of BNS 2023. 4. As per the FIR, the petitioner is the father of the victim and in this petition he is praying for the following reliefs:- (i) Issue a writ order or direction in the nature of mandamus commanding and directing the respondent no. 2 and 3 to submit the progress report before this Hon’ble Court in connection with first information report dated 21.03.2026 being FIR No. 0059 of 2026 for the offences punishable under Section 64, 351(2), 127, and 115 of Bhartiya Nyaya Sanhita 2023 and under Section 5/6 of Protection of Children from Sexual Offence Act, 2012 Police Station Nanakmatta District Udham Singh Nagar lodged by the petitioner within stipulated period as this Hon’ble Court may deem fit and proper under the governing facts and circumstances of the case. (ii) Issue a writ order or direction in te nature of mandamus commanding and directing the respondent authorities to conduct fair and transparent investigation of first information report dated 21.03.2026 being FIR No. 0059 of 2026 for the offences punishable under Section 64, 351(2), 127, and 115 of Bhartiya Nyaya Sanhita 2023 and under Section 5/6 of Protection of Children from Sexual Offence Act, 2012 Police Station Nanakmatta District Udham Singh Nagar in accordance with law. (iii) Issue a writ order or direction in the nature of mandamus commanding and directing the respondents to
conclude the investigation keeping in mind the provision contained under Section 193(3)(h)(ii) of Bhartiya Nagrik Suraksha Sanhita 2023 by taking appropriate steps against the accused person. 5. It reveals from the reliefs, which pertains to FIR dated 21.03.2026, that the instant petition has been filed only with an intention to built up pressure upon the investigating agency.
The investigation of the FIR is at preliminary stage and only one month has been passed and now filing the petition at such a preliminary stage of the investigation appears to be an abuse of process of law. The complainant should hope and trust that the investigation will be conducted in a fair and transparent manner but how he can draw a presumption that investigation is not being conducted in a fair and transparent manner, particularly when investigation is at a preliminary stage. 6. Praying for relief of fair investigation by implicating Secretary (Home), S.S.P. U.S. Nagar, S.H.O. Nanakmatta who are superior of the I.O. appears to be an attempt to influence the investigation or to put a pressure on the investigating officer, and, as such, this Court is of the view that filing of this petition at preliminary stage of FIR, lodged by the petitioner, is an abuse process of law and deserves to be dismissed with cost, but, this Court is taking liberal view since petitioner is , in fact, father of the victim, therefore, this Court is not imposing any cost. 7. Accordingly, the instant writ petition is dismissed as this stage with this hope and trust that the investigating agency shall proceed with the investigation in a fair and transparent manner. (Rakesh Thapliyal, J.) 30.04.2026 Parul