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Office Notes,

reports, orders

or proceedings

S NL o.

.

D ea t

ano dr d Ri ere gc ist tio ran rs ’ s COURT’S OR JUDGE’S ORDERS

order with

Signatures

WPCRL No. 1753 of 2025

Hon’ble Ashish Naithani, J.

Mr. B.S. Negi, learned counsel for the Petitioner.

2. Mr. Vikash Uniyal, learned Brief Holder for the State of

Uttarakhand.

3. The present Writ Petition under Article 226 of the

Constitution of India has been filed with the following

prayers:-

“(i) Issue a writ, order or direction in the nature of

mandamus directing the respondents not to arrest/take any

coercive measure against the petitioner pursuant to the

impugned FIR No. 0027/2025 dated 16.12.2025, under

Section 376, 506 IPC, registered at P.S. Gopeshwar,

Chamoli.

(ii) Issue a writ, order or direction in the nature of

mandamus directing the respondents not to arrest/take any

coercive measure against the petitioner pursuant to the

impugned FIR No. 0027 of 2025 dated 16.12.2025, under

Sections 376 and 506 IPC, registered at Police Station

Gopeshwar, Chamoli. ”

4. The Petitioner has also filed a Stay Application, being

I.A. No. 01 of 2025, seeking a stay on his arrest in

pursuance of FIR No. 0027 of 2025 dated 16.12.2025, for

the offences punishable under Sections 376 and 506 IPC,

registered at Police Station Gopeshwar, Chamoli, during the

pendency of the present Criminal Writ Petition.

5. Learned State Counsel, however, referring to the FIR,

submits that the Petitioner, who is stated to be the brother-

in-law of the Respondent and already married, allegedly

established physical relations with the Respondent, and that

a child was consequently born due to such alleged physical

exploitation.

6. The Petitioner refutes the submission made by learned

State Counsel, contending that the FIR pertains to an

incident that allegedly occurred five years ago, and with

regard to the child, no proof such as a forensic report or any

other credible material has been placed on record.

7. Admit.

8. Issue notice to the Respondent No. 3. Steps to be

taken within a week.

9. Let the objections be filed by the Respondents.

10. Considering the facts and circumstances of the case,

as an interim measure, it is directed that till the next date of

listing, no coercive action shall be taken against the

Petitioner, subject to the Petitioner extending full

cooperation in the proceedings before the Investigating

Agency and the Court below, failing which the interim relief

so granted shall stand automatically vacated.

11. The Stay Application stands disposed of accordingly.

12. List this case on 16.03.2026.

(Ashish Naithani, J.)

24.12.2025

Shiksha