UKHC010139502026 2026:UHC:7325 SL. No. Date Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures COURT’S OR JUDGE’S ORDERS C528/1738/2026 Mohammad Akhalaka And Ors --Applicant Versus State Of Uttarakhand --Respondent Hon’ble Rakesh Thapliyal, J. 1. Mr. Vikas Kumar Guglani, learned counsel for the applicant. 2. Mr. Tumul Nainwal, learned A.G.A. with Mrs. Shweta Badola Dobhal, learned Brief Holder for the State. 3. The instant petition is preferred under section 528 of BNSS, 2023, for challenging the proceeding of Criminal Case No. 348 of 2026 titled as State vs. Vali Jan and Others’ arising out of Case Crime No. 286 of 2025, wherein, the present applicants have been summoned to face the trial for the offences punishable under sections 109(1), 115(2), 190, 191(2), 191(3), 352 of BNS, 2023. The challenge is on the ground that as per the injury report of the injured Afroz Ahmed injury seems to be simple in nature and even as per the CT scan report everything was found to be normal, therefore, the proceeding as initiated are completely an abuse of process of law and, as such, the proceeding be quashed. 4. On the other side, learned State counsel submits that in a petition preferred under section 528 of BNSS, 2023, the interference is called for only in such a contingency if a case falls under the seven categories of the cases as categorized by the Hon’ble Supreme Court in the case of State of Haryana vs. Bhajan Lal 1992 SCC (Supp) Vol 1 Page 335 as this case does not fall in any of the category as categorized by the Hon’ble Apex Court since as per the supplementary injury report injuries are grievious and danger to life. He UKHC010139502026 2026:UHC:7325 submits that the arguments as advanced by giving reference of the injury report in order to show that the injuries are simple in nature, which is factually incorrect in view of the supplementary injury report and even otherwise the submissions as advanced cannot be examined in a petition preferred under section 528 of BNSS, 2023, since the appreciation of evidence cannot be looked into in the present petition since it is completely the subject matter of pending criminal trial. 5. 5. I found force on submission of learned State counsel and there is no scope of interference and the arguments advanced are completely subject matter of trial and, as such, instant petition is dismissed being devoid of merit. (Rakesh Thapliyal, J.) 17.08.2026 PR