Uttarakhand High Court

8 May vs State Of Uttarakhand And Others on 8 May, 2025

Author: Pankaj Purohit

Bench: Pankaj Purohit

                                                       2025:UHC:3621



HIGH COURT OF UTTARAKHAND AT NAINITAL
         Writ Petition Criminal No. 439 of 2025
                          08 May, 2025
Parvej Hasan Ansari                                     --Petitioner
                              Versus
State Of Uttarakhand and Others                      --Respondents
----------------------------------------------------------------------
Presence:-
      Mr. Shariq Khurshid, learned counsel for
      petitioner.
      Mr. Bhaskar Chandra Joshi, learned A.G.A. with
      Ms. Sweta Badola Dobhal, learned Brief Holder
      for the State of Uttarakhand/respondent Nos.1 &
      2.

Hon'ble Pankaj Purohit, J.

Heard learned Counsel for the parties.

2. By means of the present writ petition, petitioner has put to challenge the FIR No.0458 of 2024 dated 06.09.2024, under Sections 420, 504 and 506 IPC, registered with Police Station Jaspur, District Udham Singh Nagar and further for a direction to respondent Nos.1 & 2 not to arrest the petitioner pursuant to the aforesaid FIR.

3. It is contended by learned counsel for the petitioner that the offences alleged against the petitioner in the impugned FIR carry maximum sentence of seven years' imprisonment, and therefore, the present matter is covered by a judgment rendered by Hon'ble Apex Court in the case of Arnesh Kumar Vs. State of Bihar and another reported in (2014) 8 SCC 273.

2025:UHC:3621

4. Per contra, learned State Counsel submits that the notice was issued to petitioner under Section 35(3) of the B.N.S.S., 2023 (under Section 41A of Cr.P.C.) at his residence at Gorakhpur, Uttar Pradesh, but, he is not coming and cooperating with the investigation.

5. In view of the statement made by learned State Counsel, since, the petitioner is not cooperating with the investigation, therefore, this Court doesn't want to interfere with the present matter. Accordingly, the present criminal writ petition is dismissed in-limine.

6. Pending application, if any, stands disposed of accordingly.

(Pankaj Purohit, J.) 08.05.2025 PN

DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH

PREETI NEGI COURT OF UTTARAKHAND, 2.5.4.20=63c75a8c4765581180a58d7478fadbe38331bac55 c78b5f9f0276c16432f6aab, postalCode=263001, st=UTTARAKHAND, serialNumber=2BA53171893B3C3CB3CCCAE81FAE0644984 83A83D84BDB0F9229D5BF08D959AC, cn=PREETI NEGI Date: 2025.05.08 16:26:36 +05'30'