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2025 Supreme(Online)(UK) 43043

HIGH COURT OF UTTARAKHAND
RIZWAN – Appellant
Versus
STATE OF UTTARAKHAND – Respondent
WPCRL 1735 / 2025



##PAGE1##

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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