Extracted from the PDF above. The PDF is authoritative.
UKHC010112482026
2026:UHC:5263-DB SL. No. Date Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures COURT’S OR JUDGE’S ORDERS
HABC/29/2026
Mohd Mukeem
--Petitioner Versus State Of Uttarakhand & Others --Respondents
Hon’ble Manoj Kumar Tiwari, J. Hon’ble Pankaj Purohit, J.
Ms. Prabha Naithani, Advocate, for the petitioner. Mr. J.S. Virk, Additional AG, for the State of Uttarakhand. Mr. Ishwari Datt Paliwal, Standing Counsel, for the respondent no. 5. (2) Petitioner contends that his brother Mr. Talib is illegally detained by U.P. Police. Reliefs sought in the writ petition are as follow:
“a) Issue a writ, order or direction in the nature of Habeas Corpus declaring the detention and custody of petitioner's brother Talib from 09.06.2026 till the time of his alleged arrest shown on 10.06.2026 as wholly illegal, unconstitutional and violative of Articles 21 and 22 of the Constitution of India and to pass appropriate order for immediately release of brother of petitioner, Talib and to produce him before Hon'ble Court. b) Issue an appropriate writ, order or direction directing Respondent to immediately preserve, secure and produce before this Hon'ble Court the CCTV footage from Bhagwanpur Sikroda Road, Bhagwanpur Highway/Dehradun Road, Bhagwanpur Toll Plaza and adjoining areas and also to preserve and produce CDR and location data of mobile No. 9103646806 of Talib. c) Issue an appropriate writ, order or direction directing the respondents to produce the complete record relating to the detention, arrest and custody of the petitioner's brother Talib before this Hon'ble Court. d) Issue an appropriate writ, order or
UKHC010112482026
2026:UHC:5263-DB direction directing the for registration of an FIR on the petitioner's complaint regarding the offences of kidnapping, wrongful confinement, extortion and criminal conspiracy committed by unknown persons. e) Issue a writ, order or direction directing initiation of departmental and disciplinary proceedings against all erring police officials involved in the illegal detention and false implication of petitioner's brother Talib;
f) Issue an appropriate writ, order or direction directing payment of exemplary constitutional compensation to Talib for illegal detention, violation of fundamental rights and unlawful deprivation of personal liberty;” (3) Learned State Counsel, however, has drawn our attention to the FIR registered against petitioner’s brother in PS Gagalhedi, District Saharanpur on
10.6.2026. Perusal of the FIR reveals that petitioner’s brother Talib was arrested with 602 gram smack and one country made pistol and one live cartridge.
(4) Since petitioner’s brother has been detained pursuant to an FIR, therefore, his detention cannot be termed as illegal. In our considered opinion, writ of habeas corpus cannot be issued for the purpose it is being filed. Accordingly, writ petition is dismissed. However, petitioner is at liberty to avail such legal recourse as is available to him under law. (Pankaj Purohit, J.) (Manoj Kumar Tiwari, J.)
2.7.2026 Pr
PRABODH KUMAR Digitally signed by PRABODH KUMAR DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND, 2.5.4.20=3a082a00a95aff911a9559743af8f21c506 02ff6eae4e61af3aeab198d462503, postalCode=263001, st=UTTARAKHAND, serialNumber=0DC111E8D8CA66E16B940EFDF80 6ACCC1AB588052DF6FCA58C67F3C91957BE53, cn=PRABODH KUMAR Date: 2026.07.02 17:38:26 +05'30'
UKHC010112482026
2026:UHC:5263-DB