HIGH COURT OF UTTARAKHAND
RIZWAN – Appellant
Versus
STATE OF UTTARAKHAND – Respondent
WPCRL 1735 / 2025
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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. 1735 of 2025
Hon’ble Ashish Naithani, J.
Mr. Faizan Ali, learned counsel holding brief of Mr.
Mohd. Safdar, learned counsel for the Petitioner.
2. Mr. Rakesh Negi, 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
Certiorari quashing the impugned FIR dated 05.10.2025
registered as Case Crime No. 556 of 2025 under Section
61(2), 64(1) of B.N.S, 2023 P.S. Pathri District Haridwar.
(ii) Issue a writ order or direction in the nature of
mandamus commanding the respondents not to arrest the
petitioner in Case Crime No. 556 of 2025 under Section
61(2), 64(1) of B.N.S, 2023 at P.S. Pathri, District
Haridwar. ”
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 the Case Crime No. 556 of 2025, for the
offences punishable under Sections 61(2), 64(1) of B.N.S.,
2023 registered at P.S. Pathri, District Haridwar during the
pendency of the present Criminal Writ Petition.
5. Admit.
6. Issue notice to the Respondent No. 3. Steps to be
taken within a week.
7. Let the objections be filed by the Respondents.
8. 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.
##PAGE2##9. The Stay Application stands disposed of accordingly.
10. List this case on 27.02.2026.
(Ashish Naithani, J.)
23.12.2025
Shiksha
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