Uttarakhand High Court
WPCRL/926/2025 on 25 August, 2025
2025:UHC:7527
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WPCRL No. 926 of 2025
Hon'ble Ashish Naithani, J.
Mr. Harshpal Sekhon, learned counsel for the Petitioners.
2. Mr. Vikas Uniyal, learned Brief Holder for the State of Uttarakhand.
3. The present writ petition has been filed under Article 226 of the Constitution of India by the petitioners- Shams Tabrez Khan and Shoyeb Khan, with the primary prayer that Petitioner No. 2 be permitted to surrender before the Chief Judicial Magistrate, Rudrapur, District Udham Singh Nagar in connection with FIR No. 263 of 2025, dated 19.08.2025, registered under Sections 103(1), 109(1), 190, 191(2), 191(3), 333, 351(2), 352, and 61(2) of the Bharatiya Nyaya Sanhita, 2023 at Police Station Kichha, District Udham Singh Nagar. It has further been prayed that necessary protection be granted to Petitioner No. 2 against any illegal action, particularly apprehended encounter, and that directions be issued to the Respondents to ensure compliance with the guidelines laid down by the Hon'ble Supreme Court in the case of "D.K. Basu vs. State of West Bengal", reported in (1997) 1 SCC 416. The petitioners also seek protection from Respondent Nos. 2 and 3.
4. Learned counsel for the Petitioners submits that the Petitioners are permanent residents of the State of Uttarakhand and have no criminal antecedents. It is further submitted that there is a genuine apprehension of harm to Petitioner No. 2, including the threat of a false encounter, which necessitates judicial intervention to safeguard their fundamental right to life and personal liberty as guaranteed under Article 21 of the Constitution of India.
2025:UHC:7527
5. Having considered the submissions made and in the interest of justice, the writ petition is disposed of with the following directions:
(i) Petitioner No. 2 shall be permitted to surrender before the Chief Judicial Magistrate, Rudrapur, District Udham Singh Nagar, in connection with FIR No. 263 of 2025, dated 19.08.2025, without any obstruction from the Respondents.
(ii) The Station House Officer, Police Station Kichha (Respondent No. 4), shall ensure that no coercive or extrajudicial action, including any encounter, is taken against Petitioner No. 2 and that he is not subjected to any harassment prior to or at the time of surrender.
(iii) The Respondents shall comply with the directions issued by the Hon'ble Supreme Court in the case of "D.K. Basu vs. State of West Bengal", reported in (1997) 1 SCC 416, particularly with respect to arrest, interrogation, and protection of the rights of the accused.
(iv) Respondent Nos. 2 and 3 shall also ensure that the petitioners are not harassed or intimidated in any unlawful manner and that all actions taken against them shall be in accordance with the law.
6. With the above observations and directions, the Criminal Writ Petition stands disposed of.
(Ashish Naithani, J.) 25.08.2025 Shiksha SHIKSHA Digitally signed by SHIKSHA BINJOLA DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND, 2.5.4.20=3410ef86ae41ec9fbabcd5dba6b3a2c24b5aa08b09c12f2182 BINJOLA 2fbd40bf639b1c, postalCode=263001, st=UTTARAKHAND, serialNumber=FD80A2D028949381C52796A542D7FF0A9BED00E67B 5283D205F18FE29BDF5DD9, cn=SHIKSHA BINJOLA Date: 2025.08.26 17:25:56 +05'30' 2025:UHC:7527