AMAN SAINI v. STATE OF UTTARAKHAND THROUGH SECRETARY HOME, DEHRADUN
CRLR/768/2022 · 2026-07-01
Alok Mahra
body2026
DailyLaw.ai
[ 2026 DAILYLAW 7438 (UTT) · dailylaw.ai ]
DailyLaw.ai
[ 2026 DAILYLAW 7438 (UTT) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
UKHC010186912022
2026:UHC:5236 SL. No. Date Office Notes, reports, orders or proceedings or directions and Registrar’s
order with Signatures COURT’S OR JUDGE’S ORDERS
CRLR/768/2022 Aman Saini --Revisionist Versus State Of Uttarakhand Through Secretary Home, Dehradun and Another --Respondents Hon'ble Alok Mahra, J.
Mr. Birendra Singh Adhikari, learned counsel for the revisionist.
Mr. Rakesh Kumar Joshi, learned A.G.A. for the State of Uttarakhand.
2. The present Criminal Revision has been filed challenging the order dated 16.11.2022 (arising out of FIR/Case Crime No. 0317 of 2022), whereby charges under Sections 363, 366- A and 368 of the Indian Penal Code, 1860 and Sections 16/17 of the Protection of Children from Sexual Offences Act, 2012 were framed against the revisionist by the learned Additional District & Sessions Judge/Special Judge, POCSO, Haridwar in Special Sessions Trial No. 117 of 2022, “State vs. Arjun and Others”.
3.
Learned counsel for the revisionist submits that the charge-sheet was filed without proper investigation and without there being any credible material against the revisionist. It is further submitted that the learned Additional District & Sessions Judge/Special Judge, POCSO, Haridwar proceeded to frame charges mechanically.
Learned counsel for the revisionist further submits that, vide order dated 19.12.2022, a Co- ordinate Bench of this Court stayed the further proceedings against the present revisionist. Consequently, the trial proceeded only against the remaining co-accused, namely Arjun and another, who have since been acquitted vide judgment and
order dated 06.09.2025 passed by the learned Additional Sessions Judge, F.T.S.C., Roorkee, District Haridwar in Special Sessions Trial No. 117 of 2022. A copy of the said judgment has
UKHC010186912022
2026:UHC:5236 been supplied by learned counsel for the revisionist, which is taken on record.
4.
Learned counsel for the revisionist further submits that a bare perusal of the statements of the victim recorded under Sections 161 and 164 Cr.P.C. would reveal that the only allegation against the present revisionist is that he provided shelter to the victim when she was found roaming alone during the night and thereafter introduced her to his cousin brother- Arjun, who has already been acquitted.
5. Having heard learned counsel for the revisionist and upon perusal of the record, this Court is of the view that the submissions advanced involve disputed questions of fact, which can appropriately be adjudicated only during the course of trial on the basis of the evidence led by the parties. The acquittal of the co-accused, by itself, does not furnish a ground to interfere with the order framing charges against the present revisionist at this stage.
6. Accordingly, the present Criminal Revision is disposed of with a direction to the learned Special Judge, POCSO, Haridwar to conclude the trial against the present revisionist expeditiously, preferably at the earliest, without granting any unnecessary adjournments to either of the parties.
(Alok Mahra, J.) 01-07-2026 SB
SHIKSHA BINJOLA Digitally signed by SHIKSHA BINJOLA DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND, 2.5.4.20=3410ef86ae41ec9fbabcd5dba6b3a2c24 b5aa08b09c12f21822fbd40bf639b1c, postalCode=263001, st=UTTARAKHAND, serialNumber=FD80A2D028949381C52796A542 D7FF0A9BED00E67B5283D205F18FE29BDF5DD9, cn=SHIKSHA BINJOLA Date: 2026.07.01 16:01:01 +05'30'