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2026 DAILYLAW 491 (UTT)

MOHD ISTKHAR ALIAS KUNDA AND OTHERS v. STATE OF UTTARAKHAND

WPCRL/337/2026 · 2026-02-19

Rakesh Thapliyal

body2026

Judgment text

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2026:UHC:1119 SL. No. Date Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures COURT’S OR JUDGE’S ORDERS WPCRL/337/2026 Hon'ble Rakesh Thapliyal, J. 1. Mr. Gaurav Singh, learned counsel for the petitioners. 2. Ms. Sweta Badola Dobhal, learned Brief Holder for the State. 3. By the instant writ petition, the petitioners are praying for the following reliefs:- (i) Issue a writ order or direction in the nature of certiorari quashing the impugned FIR lodged by the respondent no. 3 on 10.02.2026, registered as FIR No. 74 of 2026 for the offences punishable under Section 3/5/11 of the Uttarakhand Protection of Cow Progeny Act, 2007, Police Station Bhagwanpur District Haridwar (contained as Anenxure no. 1 to the writ petitioner) qua the petitioners. (ii) Issue a writ order or direction in the nature of mandamus commanding and directing the respondent no. 1 and 2 not to arrest the petitioners and not take any coercive measure against the petitioners to the impugned FIR dated 10.02.2026 registered as FIR No. 74 of 2026 for the offences punishable under Section 3/5/11 of the Uttarakhand Protection of Cow Progeny Act, 2007, P.S. Bhagwanpur District Haridwar. 4. After arguing at length learned counsel for the petitioners submits that the petitioners are ready to surrender before the court concerned, however, since, festival of Ramzan is going on, the petitioners may be given protection till such time. 5. The State has no objection. 6. In such view of the matter, instant writ petition is dismissed as withdrawn with liberty to the petitioners to surrender before the court concerned on or before 2026:UHC:1119 23.03.2026. Till then, though, the investigation may go on, however, no coercive action shall be taken against the petitioners. (Rakesh Thapliyal, J.) 19.02.2026 Parul