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2026 DAILYLAW 9030 (UTT)

ANKIT MOGHA v. STATE OF UTTARAKHAND

C528/1594/2026 · 2026-07-24

Rakesh Thapliyal

body2026

Judgment text

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UKHC010128532026 2026:UHC:6363 SL. No. Date Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures COURT’S OR JUDGE’S ORDERS C528/1594/2026 Ankit Mogha --Applicant Versus State Of Uttarakhand and another --Respondents Hon'ble Rakesh Thapliyal, J. 1. Ms. Meenu Kashyap, learned counsel for the applicant. 2. Mr. Himanshu Sain, learned AGA for the State. 3. The instant petition is preferred under Section 528 of BNSS 2023 the applicant by challenging the proceedings of Criminal Case No. 7110 of 2019 arising out of FIR No.41 of 2019 State vs. Ankit Mogha and others wherein he has been summoned to face the trial for the offences punishable under Section 170 of 171 of IPC, Police Pantnagar, District Udham Singh Nagar pending in the court of Additional Chief Judicial Magistrate/5th Additional Civil Judge (S.D.) Rudrapur, District Udham Singh Nagar as well as the proceeding initiated under Section 82 of Cr.P.C. 4. Learned counsel for the applicant submits that she is not arguing on merit and the present applicant is ready to face the trial and want to surrender before the court concerned but till such time the applicant is surrender the proceeding initiated under Section 82 of Cr.P.C. may be suspended. 5. On the other hand, Mr. Himanshu UKHC010128532026 2026:UHC:6363 Sain, learned AGA have not object on such submissions since the prayer as made by learned counsel for the applicant appears to be innocuous. 6. In such view of the matter, the instant petition is disposed of finally with the direction to the applicant to surrender before the trial court on or before 10th of August 2026 till such time the proceeding as initiate under Section 82 of Cr.P.C shall remain suspended. 7. It is further made clear that if the applicant fails to surrender on or before 10th of August 2026, the proceeding initiated under Section 82 of Cr.P.C. shall automatically be revived. It is further observed that if after surrender the applicant move the bail application the concerned court may expedite the same as early as possible. (Rakesh Thapliyal, J.) 24-07-2026 Nahid UKHC010128532026 2026:UHC:6363