Vinit v. State of Uttarakhand

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.

¶2Mr. Dinesh Chauhan, learned A.G.A. for the State.

¶3By 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.

¶4Learned 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.

¶5Learned 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 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.

¶6Learned 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.

¶7Having 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.

¶8Accordingly, 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.

¶9Till 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.

¶10It 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.

¶11Pending application(s), if any, also stand disposed of.

(Alok Mahra J.)

14.07.2026 Mamta

MA MTA 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 dd004efti, cn=MAMTA RANI Date: 2026.07.14 17:09:21 +05'30'