Extracted from the PDF above. The PDF is authoritative.
2026:UHC:3532 SL. No. Dat e Office Not es, r epor t s, or der s or pr oceedin gs or dir ect ion s an d Regist r ar ’s or der w it h Sign at u r es COURT’S OR JUDGE’S ORDERS
C528 No.919 of 2026 Hon ’ble Alok Mah r a, J.
Mr. Sachin Veer Singh, Advocate for the applicants.
Mr. S.C. Dumka, A.G.A. for the State of Uttarakhand.
2. Applicants have challenged the
order dated 06.04.2026, whereby non- bailable warrants have been issued against them. Applicants have also assailed the order dated 31.05.2025 passed by learned Judicial Magistrate, Kichha, District Udham Singh Nagar in Criminal Case No.487 of 2025, whereby they have been summoned to face the trial.
3.
Learned counsel for the applicants submits that, in fact, the applicants were themselves assaulted by the complainant (respondent no.2) and, accordingly, they lodged F.I.R. No.0341 of 2024 against the complainant on 24.08.2024. It is further submitted that the present F.I.R., being F.I.R. No.0342 of 2024, was thereafter lodged on the same day as a counterblast to the earlier F.I.R. Learned counsel contends that the applicants were not the aggressors and that the complainant had initiated the incident. It is also submitted that the complainant is a practicing Advocate at Civil Court, Kichha and, owing to his influence, no counsel is willing to represent the applicants before the Court below.
Learned counsel further submits that the complainant is extending threats of dire consequences to the applicants in the
2026:UHC:3532 event they appear before the Court concerned. It is lastly submitted that the applicants have already preferred a transfer application before the learned Sessions Judge, Rudrapur, District Udham Singh Nagar, which is stated to be pending consideration.
4. Considering the aforesaid facts and circumstances of the case, particularly the pendency of the transfer application and the apprehension expressed by the applicants, as an interim measure, effect and operation of the
order dated 06.04.2026 issuing non-bailable warrants against the applicants shall remain kept in abeyance till 18.05.2026. However, applicants are directed to appear before the Court below on 18.05.2026 and cooperate in the proceedings. It is made clear that this protection is subject to the applicants’ appearance before the Court concerned and shall not be construed as an expression on the merits of the case.
5. The criminal misc. application is, accordingly, disposed of.
( Alok Mah r a, J.)
08.05.2026 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=eabb68a3895e41937c266c23964c0485365445e3a20dddb739339 8f9fe45ba3e, postalCode=263001, st=UTTARAKHAND, serialNumber=060FC17022BEAE3DE215D68D9D454C5109CB987446351E4 DF04AADAA2C2CEA66, cn=ARPAN JAISWAL Date: 2026.05.08 13:38:43 +05'30'