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2025 Supreme(Online)(UK) 3222

IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL
Sri G. Narendar, CJ, Sri Subhash Upadhyay, J
Madan Mohan Joshi – Appellant
Versus
State of Uttarakhand and others – Respondent


Advocates:
For the Appellants/Petitioners: Mr. Lalit Sharma, Ms. Anmol Sandhu
For the Respondents: Mr. J.S. Virk, Mr. R.K. Joshi, Mr. Ayush Gaur, Ms. Mrinal Kanwar

Table of Content
1. court heard arguments from both sides. (Para 1 , 2)
2. petition seeks quashing of fir and arrest protection. (Para 3 , 4 , 8)
3. sections 109 and 190 defined. (Para 5 , 6)
4. evidence presented against the petitioner. (Para 7 , 12)
5. court references legal precedents. (Para 13 , 14)
6. decision based on legality and evidence. (Para 15 , 16 , 18)

JUDGMENT :

(per Sri G. Narendar, C.J.)

Heard Mr. Lalit Sharma, learned counsel for the petitioner and Mr. J.S. Virk, learned Deputy Advocate General for the State.

2. Learned Deputy Advocate General has filed into the Court the report of the Circle Officer dated 16.11.2025 and a copy of another report addressed by the Circle Officer, Ramnagar, District Nainital to the Joint Director (Law).

3. The petitioner, in the above petition, has sought for the following reliefs:-

“i) Issue a writ order or direction in the nature of certiorari quashing the impugned first information report dated 23-10-2025 being FIR No. 0382 of 2025, for the offences punishable under section 109 & 190 of Bhartiya Nyaya Sanhita, 2023 , Police Station Ramnagar, District Nainital (contained as Annexure no. 1 to this writ petition).

ii) Issue a writ order or dire

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