Extracted from the PDF above. The PDF is authoritative.
SL . N o. Date Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures COURT’S OR JUDGE’S ORDERSUKHC010107172026
2026:UHC:5046
WPCRL No. 1152 of 2026 Pushpa Devi and Others
... Petitioners. Vs. State of Uttarakhand and Others .... Respondents. Hon’ble Alok Mahra, J.
Mr. Vivek Kathait, learned counsel for the petitioners. 2. Mr. Manoj Bhatt, learned Brief Holder for the State of Uttarakhand. 3. By means of the present Criminal Writ Petition filed under Article 226 of the Constitution of India, the petitioners have prayed for the following reliefs: (i) Issue a writ, order or direction in the nature of certiorari quashing FIR No. 107 of 2026 dated 06.06.2026, registered under Sections 229, 318(4), 336(3), 338 and 340(2) of the Bharatiya Nyaya Sanhita, 2023, at Police Station Prem Nagar, District Dehradun, Uttarakhand. (ii) Issue a writ, order or direction commanding the respondents not to take any coercive steps against the petitioners in connection with the aforesaid FIR. 4. It is alleged in the FIR that the complainant's sister died on account of being HIV positive. After her death and during the treatment, the complainant requested the husband and son of the deceased to undergo medical examination for HIV. It is further alleged that the husband of the deceased forwarded a
medical report through WhatsApp claiming that he was HIV negative. However, it subsequently came to light that he had never undergone any HIV test and had allegedly forwarded a fabricated medical report belonging to another person. The complainant, therefore, sought appropriate action and requested that the husband and son of the deceased be directed to undergo medical examination for HIV. 5. The present petitioners are relatives of the husband of the deceased. Although the FIR contains a general allegation that the husband, son and other relatives were acting in connivance with one another, no specific role has been attributed to the present petitioners. 6. Learned State Counsel, on the basis of written instructions received from the Investigating Officer, submitted that the present petitioners are neither named in the FIR nor are they required for the purposes of investigation. It has further been stated that they have not been summoned or called by the Investigating Officer in connection with the investigation. 7.
Having considered the submissions of the learned counsel for the parties and the material available on record, this Court finds that the present petitioners are not named in the FIR. The State has categorically stated, on the basis of instructions from the Investigating Officer, that the petitioners are neither required for investigation nor are they being called by the Investigating Officer. In such circumstances, no cause of action presently
survives against the petitioners so as to warrant adjudication of the present writ petition. 8. Accordingly, the present Criminal Writ Petition is disposed of with the observation that, so long as the petitioners are neither implicated nor required in the investigation, no coercive action shall be taken against them in connection with the aforesaid FIR. However, it shall remain open to the Investigating Agency to proceed in accordance with law if any material is subsequently collected during the course of investigation. 9. It is made clear that this Court has not expressed any opinion on the merits of the allegations contained in the FIR, and the investigation shall proceed independently in accordance with law. 10. With the aforesaid observations, the present Criminal Writ Petition stands
disposed of.
11. Pending applications, if any, also stand
disposed of.
(Alok Mahra, J.)
18.06.2026 Shiksha
SHIKSHA BINJOLA Digitally signed by SHIKSHA BINJOLA DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND, 2.5.4.20=3410ef86ae41ec9fbabcd5dba6b3a2c24b5aa08b09c12 f21822fbd40bf639b1c, postalCode=263001, st=UTTARAKHAND, serialNumber=FD80A2D028949381C52796A542D7FF0A9BED0 0E67B5283D205F18FE29BDF5DD9, cn=SHIKSHA BINJOLA Date: 2026.06.18 16:43:52 +05'30'