C528/341/2026
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Uttarakhand High Court

C528/341/2026 on 11 March, 2026

               Office Notes,
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No   Date                                   COURT'S OR JUDGES'S ORDERS
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                                 C528 No.341 of 2026
                                 Hon'ble Alok Mahra, J.

Mr. Pavan Kumar Nath and Mr. Vinay Bisht, Advocates for the applicant.

Mr. S.C. Dumka, A.G.A. for the State of Uttarakhand.

2. A complaint was filed by respondent no.2 against the applicant alleging commission of offences under Sections 352, 76 and 79 of the Bharatiya Nyaya Sanhita, 2023, wherein it has been alleged that when respondent no.2 had gone to the Youth Welfare Office, Rudraprayag, the applicant allegedly manhandled her and tore her clothes. During the course of investigation, Section 115(2) of B.N.S. was also added. Upon completion of investigation, the police submitted a charge sheet against the applicant under Sections 352, 76, 79 and 115(2) of the Bharatiya Nyaya Sanhita, 2023.

3. Learned counsel for the applicant submits that respondent no.2 is a P.R.D. Volunteer and that on 24.09.2025 she, along with another volunteer, allegedly misbehaved with the applicant at his office while insisting that they be continued to be posted at Kotwali Rudraprayag. It is submitted that the applicant immediately submitted a written complaint (Tehrir) to the police regarding the said incident. Thereafter, on 25.09.2025, disciplinary proceedings were initiated against both the volunteers and a show-cause notice was issued to respondent no.2, followed by initiation of a departmental enquiry. During the pendency of the said proceedings, respondent no.2 and the other volunteer were placed under suspension on 28.10.2025. It is contended that, being aggrieved by the aforesaid disciplinary action, respondent no.2 subsequently lodged the F.I.R. against the applicant on 01.11.2025.

4. Learned counsel for the applicant has further drawn the attention of this Court to the Enquiry Report submitted by the District Level Committee constituted under the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013. According to the findings recorded in the said enquiry, no act amounting to sexual harassment or physical violence was found to have been committed by the applicant; rather, it was observed that only a verbal altercation had taken place between the applicant and respondent no.2.

5. Issue notice to respondent no.2, returnable at an early date.

6. List after service report is received. By that time, counter affidavit may be filed.

7. Considering the submission advanced by learned counsel for the applicant, it is directed that, till the next date of listing, further proceedings of Criminal Case No.66 of 2026 pending in the Court of learned Chief Judicial Magistrate, Rudraprayag, shall remain stayed.

8. Stay application (I.A. No.1 of 2026) stands disposed of.

(Alok Mahra, J.) 11.03.2026 Arpan