WPCRL/1579/2025
2025 Latest Caselaw 6080 UK

Uttarakhand High Court

WPCRL/1579/2025 on 4 December, 2025

             Office Notes,
            reports, orders
            or proceedings
SL.   Dat                                                                            COURT'S OR JUDGE'S ORDERS
             or directions
No.    e
            and Registrar's
              order with
              Signatures
                               WPCRL No.1587 of 2025
                               With
                               WPCRL No.1579 of 2025
                               WPCRL No.1582 of 2025
                               WPCRL No.1583 of 2025

                               Hon'ble Ashish Naithani, J.

Mr. Raj Kumar Singh, learned counsel for the Petitioners.

2. Mr. G.C. Joshi, learned AGA, for the State of Uttarakhand/1 to 3.

3. Mr. Gaurav Kandpal, learned counsel for the private Respondent.

4. The present writ petitions under Article 226 of the Constitution of India filed by the Petitioners for quashing/setting- aside the FIR No.86 of 2025, under Sections 318 (4), 336 (3), 338, 340 (2) and 61 (2) of BNS, 2023, at Police Station Clement Town, District Dehradun and directing the Respondent nos.1 to 3 not to arrest the Petitioners in connection with the abovementioned F.I.R.

5. Heard.

6. Admit.

7. Learned counsel for the private Respondent has placed reliance on a judgment rendered by the Hon'ble Supreme Court in the case of "Muskan Vs. Ishaan Khan", reported in 2025 SCC online 2355. This has to be considered on merits, after hearing both the parties for final adjudication of the case.

8. Counter affidavit, if any, to be filed by the Respondents within a period of three weeks.

9. List this matter on 19.02.2026.

10. In the interregnum, it is directed that the investigation shall proceed but the present Petitioners shall not be arrested by the Police in pursuance to FIR No.86 of 2025, under Sections 318 (4), 336 (3), 338, 340 (2) and 61 (2) of BNS, 2023, at Police Station Clement Town, District Dehradun. However, they will continue to cooperate with the Investigating Officer of the case and shall remain present before the Investigating Officer, as and when required for production of documents and for recording of their statements.

11. Stay applications (IA Nos.1 of 2025) stands disposed of accordingly.

(Ashish Naithani, J.) 04.12.2025 Nitesh/