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Uttarakhand High Court

WPCRL/245/2025 on 1 April, 2025

Author: Pankaj Purohit

Bench: Pankaj Purohit

              Office Notes, reports,
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                                        WPCRL No.245 of 2025
                                        Hon'ble Pankaj Purohit, J.

Mr. Yogesh Kumar Pacholia, Advocate for the petitioners.

2. Mr. S.C. Dumka, A.G.A. with Mr. S.B. Dobhal, B.H. for the State.

3. Mr. V.S Chauhan, Advocate for respondent no.3.

4. The petitioners while impugning the F.I.R. has taken a plea of alibi, on the ground that on the date when the alleged incident took place, they were in a marriage ceremony at Shivgad, Block Bahadrabad, Police Station Pathri, which is at a distance of 40-45 km.

5. This Court vide order dated 25.03.2025 directed learned State counsel to seek instructions, specifically, with regard to the statement made by learned counsel for the petitioners and also with regard to pen drive and photographs, annexed with the writ petition.

6. Learned counsel for the petitioners submits that he has handed-over the pen drive to the Investigating Officer.

7. Learned State counsel, on instructions, submitted that except petitioner no.1-Rajan Kumar other petitioners were identified in the said marriage ceremony held at Shivgad, Block Bahadrabad, District Pathri, as well as in the marriage where incident in-question took place.

8. Since the plea of alibi is taken by the petitioners, therefore, at this stage, this Court feels it necessary to interfere in the matter.

9. In view of the fact, the respondent(s) may file counter affidavit(s) within six weeks.

10. List this case on 16.06.2025.

11. Interim order dated 25.03.2025 is extended till the next date of listing.

(Pankaj Purohit, J.) 01.04.2025 SK