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2026 DAILYLAW 9906 (UTT)

NEHAL MIRJA v. STATE OF UTTARAKHAND

WPCRL/1548/2026 · 2026-08-05

Alok Mahra

body2026

Judgment text

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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 UKHC010137902026 WPCRL/1548/2026 Nehal Mirja --Petitioner Versus State Of Uttarakhand --Respondent Hon’ble Alok Mahra, J. Mr. Alok Kumar, Advocate for the petitioner. 2. Mr. Dinesh Chauhan, A.G.A. for the State. 3. By means of the present writ petition, petitioner seeks quashing of FIR No. 306 of 2025, under Section 318(4) of BNS, registered at Police Station-Kotwali Kotdwar, District Pauri Garhwal. 4. Learned counsel for the petitioner submits that these are medical students and were not involved in the said offence of the cyber crime, as has been averred in the FIR. 5. Per contra, learned State Counsel submits that during investigation, some money was deposited in the account of the petitioner and he has further submitted that notice under Section 35(3) of BNS has also been issued to the petitioner directing him to appear before the Investigating Officer. 6. To this, learned counsel for the petitioner submits that as per the notice issued to the petitioner under Section 35(3) of BNS, he was to appear before the Investigating Officer within seven days, but, as he is a resident of State of Bihar, and as such, since Kaanwar Yatra is going on in the state of Uttar Pradesh, Bihar and Uttarakhand, etc., seven days have elapsed. It is further submitted that petitioner is ready to cooperate with the investigation and he may be given reasonable time to appear before the Cyber Crime Police Station, Dehradun. 7. Heard learned counsel for the parties and perused the record. 8. This Court finds some substance in the submission made by learned counsel for the petitioner. 9. Considering the submissions, as advanced by learned counsel for the petitioner, this Court directs that petitioner shall appear before the Cyber Crime Police Station, Dehradun on or before 24.08.2026. Till then, petitioner shall not be arrested pursuant to the aforesaid FIR. If the petitioner fails to appear on or before 24.08.2026, then this order would stand automatically vacated. 10. With the above observation, the writ petition stands disposed of. (Alok Mahra J.) 05.08.2026 Ujjwal