WPCRL/351/2026
2026 Latest Caselaw 1298 UK

Citation : 2026 Latest Caselaw 1298 UK
Judgement Date : 20 February, 2026

[Cites 0, Cited by 0]

Uttarakhand High Court

WPCRL/351/2026 on 20 February, 2026

Author: Rakesh Thapliyal

Bench: Rakesh Thapliyal

SL.          Office Notes,
No.   Date      reports,
               orders or              COURT'S OR JUDGE'S ORDERS
             proceedings
             or directions
                  and
              Registrar's
              order with
              Signatures
                             WPCRL No. 351 of 2026
                             Hon'ble Rakesh Thapliyal, J.

1. Ms. Monika Pant, learned counsel for the petitioner.

2. Mr. Tumul Nainwal, learned A.G.A. with Mr. Vijay Khanduri, learned Brief Holder for the State.

3. By the instant petition, the petitioner Nitin Kumar, S/o Late Khoob Singh is praying for quashing of FIR dated 04.02.2026, bearing FIR No. 0062 of 2026 registered at P.S. Raipur District Dehradun lodged by respondent no. 3 wherein the petitioner has been implicated for the offence punishable under Section 69 of BNS 2023.

4. Learned counsel for the petitioner submits that lodging of the FIR by respondent no. 3 is, in fact, is great abuse of process of law, since, the FIR has been lodged with malafide intent which itself reveals that petitioner's real sister married with the brother of respondent no. 3 and there is some dispute in between the family members of the complainant with regard to ancestral property and in order to put pressure. It is also contended that respondent/complainant is also a practicing lawyer and 12 years older than the petitioner who is only 30 years old and recently married on 22.11.2025 with another lady. She argued that the allegation as alleged in the FIR is absolutely false.

5. Issue notice to respondent no. 3.

6. Steps within a week.

7. Let the respondents may file counter affidavit within four weeks. Two weeks thereafter is granted to the petitioner to file rejoinder affidavit.

8. List this matter on 08.04.2026.

9. Prima facie, implication of petitioner in the impugned FIR appears to be with ulterior purposes and motive, for an interim measure, let the investigation may go on, however, the petitioner shall not be arrested provided he cooperates with the investigation.

10. Stay application stands disposed of.

(Rakesh Thapliyal, J.) 20.02.2026 Parul