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SL. No. Date Office Notes, reports, orders or proceedings or directions and Registrar’s
order with Signatures COURT’S OR JUDGE’S ORDERS
UKHC010118992026 WPCRL/1298/2026
Vinit --Petitioner Versus State Of Uttarakhand --Respondent
Hon’ble Alok Mahra, J.
Mr. B.S. Adhikari, learned counsel for the applicant.
2. Mr. Dinesh Chauhan, learned A.G.A. for the State.
3. By means of the present writ petition filed under Article 226 of the Constitution of India, the petitioner seeks issuance of a writ in the nature of certiorari for quashing the First Information Report/Case Crime No. 66 of 2026 dated 02.02.2026, registered under Sections 103(1), 109(1), 190, 191(2) and 191(3) of the B.N.S. at Police Station Bhagwanpur, District Haridwar.
4.
Learned counsel for the petitioner would submit that the alleged occurrence, in respect whereof the impugned F.I.R. has been lodged, took place in the village of the petitioner. He would further submit that the petitioner is a 21-year-old student pursuing B.Tech. (Second Year, Fourth Semester); that, no specific role has been attributed to the petitioner in the commission of the alleged offence; that, according to the
prosecution case itself, the deceased sustained only one firearm injury, which is alleged to have been inflicted by co-accused Vishal; that, the co-accused, namely Deepak Kumar, against whom specific allegations of causing firearm injuries to all the three injured witnesses have been levelled and whose writ petition challenging the F.I.R. came to be dismissed by this Court on 04.05.2026, has subsequently been granted anticipatory bail by the learned Sessions Court vide order dated 04.06.2026. He would further submit that a proclamation under Section 84 of the B.N.S.S. has been issued against the petitioner.
5.
Learned counsel for the petitioner further submits that the petitioner is ready and willing to appear before the Court concerned within such time as may be granted by this Court and undertakes to participate in the proceedings and cooperate with the trial. It is, therefore, prayed that the operation of the proclamation issued under Section 84 of the B.N.S.S. and the consequential proceedings for attachment of property under Section 85 of the B.N.S.S. be stayed for a limited period to enable the petitioner to appear before the Court concerned and seek appropriate relief in accordance with law.
6. Learned State Counsel opposes the prayer made on behalf of the petitioner. However, he does not dispute the fact that proceedings under Sections 84 of the B.N.S.S. have been initiated against the petitioner.
7. Having heard learned counsel for the
parties and upon perusal of the material available on record, this Court is of the considered view that since the petitioner has expressed his willingness to appear before the Court concerned and participate in the proceedings, the ends of justice would be adequately served by granting him limited protection for the said purpose.
8. Accordingly, without expressing any opinion on the merits of the case, the present writ petition is disposed of with a direction that the petitioner shall positively appear before the Court concerned within ten days from today and shall seek such appropriate relief as may be available to him in accordance with law.
9. Till the expiry of the aforesaid period of ten days, the operation of the proclamation proceedings initiated under Section 84 of the B.N.S.S. shall remain stayed. It is further
directed that the petitioner shall not be arrested in connection with the aforesaid case during the said period.
10. It is made clear that in the event the petitioner fails to appear before the Court concerned within the stipulated period of ten days, the interim protection granted by this
order shall automatically stand vacated without any further reference to this Court.
11. Pending application(s), if any, also stand disposed of.
(Alok Mahra J.)
14.07.2026 Mamta
MA MTA RANI Digitally signed by MAMTA RANI DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND, 2.5.4.20=6a812005bebfcf46f 244f3e584af1449e430ef900 bf09a6d67ebbd642671329b , postalCode=263001, st=Uttarakhand, serialNumber=5de1751a4f1 d9cabfd54852c9e68911ca8 b66dd26690a191648ab5d8 dd004ef0, cn=MAMTA RANI Date: 2026.07.14 17:09:21 +05'30'