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2026 DAILYLAW 9779 (UTT)

MUNEER ALAM ALIAS JANI v. STATE OF UTTARAKHAND

WPCRL/1563/2026 · 2026-08-07

Alok Mahra

body2026

Judgment text

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UKHC010139082026 2026:UHC:6984 SL. No. Date Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures COURT’S OR JUDGE’S ORDERS WPCRL/1563/2026 Muneer Alam Alias Jani --Petitioner Versus State Of Uttarakhand --Respondent Hon’ble Alok Mahra, J. Mr. Lalit Miglani, Advocate, holding brief of Mr. Aakib Ahmed, Advocate for the petitioner. Mr. Dinesh Chauhan and Mr. Prabhat Kandpal, A.G.A. for the State of Uttarakhand. 2. By means of present writ petition, petitioner seeks quashing of F.I.R./Case Crime No.0074 of 2026, under Sections 3, 5 & 11 of Uttarakhand Cow Progeny Protection Act, 2007, registered at Police Station Bhagwanpur, District Haridwar. 3. Learned State Counsel points out that the petitioner had earlier approached this Court by filing Anticipatory Bail Application No. 201 of 2026 in connection with the aforesaid F.I.R. During the hearing of the said application, learned counsel appearing for the petitioner prayed for time to enable the petitioner to surrender before the Court concerned. Considering the said request, this Court, vide order dated 10.06.2026, granted protection from arrest till 10.07.2026 and directed that the petitioner shall surrender before the Court concerned within the aforesaid period. Subsequently, on an application seeking extension of time, this Court, vide order dated 21.07.2026, extended the period for surrender up to 31.07.2026. 4. Learned State Counsel, on instructions, UKHC010139082026 2026:UHC:6984 submits that despite the indulgence granted by this Court, the petitioner has failed to surrender before the Court concerned within the time stipulated under the aforesaid orders and has not complied with the undertaking on the basis of which protection was granted to him. 5. This Court finds that instead of complying with the orders passed in Anticipatory Bail Application No. 201 of 2026, the petitioner has chosen to invoke the extraordinary writ jurisdiction of this Court by filing the present petition seeking quashing of the very same F.I.R. Such conduct, in the considered opinion of this Court, amounts to a clear abuse of the process of law. A litigant, who has obtained equitable relief from the Court on the strength of an undertaking, cannot be permitted to circumvent or frustrate the earlier orders by initiating parallel proceedings without first complying with the conditions subject to which such protection was granted. The petitioner, having failed to honour the undertaking and directions issued by this Court, is not entitled to any discretionary or equitable relief in the present proceedings. 6. Consequently, this Court is not inclined to entertain the present writ petition. The same is, accordingly, dismissed. (Alok Mahra, J.) 07.08.2026 Arpan ARPAN JAISWAL Digitally signed by ARPAN JAISWAL DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND, 2.5.4.20=eabb68a3895e41937c266c23964c0485365445e3a20dddb7 393398f9fe45ba3e, postalCode=263001, st=UTTARAKHAND, serialNumber=060FC17022BEAE3DE215D68D9D454C5109CB987446 351E4DF04AADAA2C2CEA66, cn=ARPAN JAISWAL Date: 2026.08.07 16:17:10 +05'30'