Uttarakhand High Court
C528/442/2026 on 25 March, 2026
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C-528 No. 442 of 2026
Hon'ble Alok Mahra, J.
Mr. Sharang Dhulia, learned counsel for the applicant.
2. Mr. Akshay Latwal, learned A.G.A. for the State.
3. The present criminal misc. application is filed with a prayer to set-aside the chargesheet dated 23.08.2025, summoning/cognizance order dated 29.11.2025 as well as the entire proceedings of Criminal Case No. 7795 of 2025, under Sections 376 of IPC and 308(2), 351(2) of BNS and Section 66 and 66C of Information Technology (Amendment) Act, 2008, pending in the court of learned ACJM, District Dehradun.
4. It is the case of the applicant that a zero FIR was lodged on 16.06.2025, in which it was alleged by the complainant that the applicant is pressurizing her to give money as he has fake instragram I.D. of the complainant without her permission. Thereafter, on the basis of the zero FIR, a regular FIR was lodged on 22.06.2025 at P.S. Raipur, under Sections 66, 66C and 351(2) of BNS of Information Technology (Amendment) Act, 2008. After investigation, simply on the basis of the statement of the complainant-victim, chargesheet was filed under Sections 376, 308(2), 351(2) of BNS and Section 66 and 66C of Information Technology (Amendment) Act, 2008have been added.
5. Learned counsel for the applicant would submit that applicant and complainant were in relationship for the last four years and some dispute arise between them regarding some amount, therefore, the FIR was lodged. If there had been sexual harassment of the victim, she would have mentioned it in the complaint itself, but, only as an afterthought, the victim gave such statements before the Investigating Officer and charges of rape has also been levelled against the applicant.
6. Applicant has also enclosed Instagram messages of the applicant and complainant and the UPI payments made to the account of the victim, which goes to prove that applicant and the complainant were in cordial relationship for the last many years.
7. Thus, this Court finds some substance in the submission made by learned counsel for the applicant and having heard the submission, under the facts and circumstances of the case, this Court is of the view that this matter definitely requires deliberation.
8. Issue notice to respondent no. 3, returnable within three weeks. Steps to be taken within a week.
9. List after service report is received.
10. In the meantime, counter-affidavit(s), if any, be filed by the respondents.
11. After perusing the records and having heard learned counsel for the parties, this Court, prima facie, is of the opinion and is satisfied that in the interest of justice, further proceedings of Criminal Case No. 7795 of 2025, under Sections 376 of IPC and 308(2), 351(2) of BNS and Section 66 and 66C of Information Technology (Amendment) Act, 2008, pending in the court of learned ACJM, District Dehradun, shall remain stayed qua the applicant till the next date of listing.
(Alok Mahra J.) 25.03.2026 Ujjwal