Uttarakhand High Court
WPCRL/921/2025 on 1 September, 2025
Office Notes, reports,
S D
orders or proceedings
L. a
or directions and COURT'S OR JUDGE'S ORDERS
N t
Registrar's order with
o. e
Signatures
WPCRL No. 921 of 2025
Hon'ble Ashish Naithani, J.
Mr. Gaurav Singh, learned counsel for the Petitioners through video conferencing.
2. Mr. Akshay Latwal, learned A.G.A. assisted by Mr. Prabhat Kandpal, learned Brief Holder for the State of Uttarakhand.
3. The present Criminal Writ Petition, filed 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 First Information Report lodged by respondent no. 3 on 15.08.2025 which has been registered as FIR No. 414 of 2025 for the offence punishable under Sections 137(2), 351(2), 64 of the Bharatiya Nyaya Sanhita (BNS), 2023 and Section 3(a)/4 of Protection of Children from Sexual Offence Act, 2012, Police Station Kotwali Jwalapur, District Haridwar.
(ii) Issue a writ, order of direction in the nature of mandamus directing the respondent no. 3 not to arrest the petitioners in pursuant to the First Information Report lodged by respondent no. 3 on 15.08.2025 which has been registered as FIR No. 414 of 2025 for the offences punishable under Section 137(2), 351(2), 64 of the Bharatiya Nyaya Sanhita, 2023 and Section 3(a)/4 of Protection of Children from Sexual Offence Act, 2012, Police Station Kotwali, Jwalapur, District Haridwar."
4. The Petitioners have also filed a Stay Application, seeking a stay on the arrest of the Petitioners and not to take coercive measure against them in pursuant to the impugned First Information Report lodged by the respondent No. 3 on 15.08.2025 which has been registered as FIR No. 414 of 2025 for the offence punishable under Section 137(2), 351(2), 64 of the B.N.S, 2023 and Section 3(a)/4 of POCSO, Police Station Kotwali Jwalapur, District Haridwar.
5. Admit.
6. Issue notice to Respondent No. 3.
7. Steps to be taken within a week.
8. Let the objections be filed by the Respondents.
9. List this case on 13.10.2025.
10. As an interim measure, it is directed that, till the next date of listing, no coercive measures shall be taken against the Petitioners, provided they cooperate with the investigation. In case of non-cooperation, the interim relief so granted shall stand automatically vacated.
11. The Stay Application stands disposed of accordingly.
(Ashish Naithani, J.) 01.09.2025 Shiksha