Uttarakhand High Court
WPCRL/789/2026 on 15 May, 2026
Author: Rakesh Thapliyal
Bench: Rakesh Thapliyal
SL. Office Notes,
No. Date reports,
orders or COURT'S OR JUDGE'S ORDERS
proceedings
or directions
and
Registrar's
order with
Signatures
WPCRL No. 789 of 2026
Hon'ble Rakesh Thapliyal, J.
1. Mr. Saurabh Kumar Pandey, learned counsel for the petitioner.
2. Mr. Himanshu Sain, learned A.G.A. for the State.
3. Mr. Aditya Singh, learned counsel for the respondent through V.C.
4. The impugned FIR reveals that it was registered on the basis of FIR dated 22.01.2026 bearing Case Crime No. 15 under Sections 75, 78, 61(2) of BNS 2023 Police Station City Samana.
The FIR further reveals that during investigation of the FIR dated 22.01.2026 lodged at P.S. City Samana District Patiala, the statement of the victim was recorded under section 183 of BNSS and on the basis of said statement another FIR was registered on 08.02.2026 as zero FIR in the same police station i.e. P.S. Samana District Patiala under Section 64 of BNS 2023.
The Zero FIR was registered because as per the statement of the victim recorded under Section 183 of BNSS, part of cause of action arose in Rudrapur District U.S. Nagar, consequently, zero FIR dated 18.02.2026 was transferred to Uttarakhand and pursuant to that, impugned FIR has been registered.
5. Mr. Saurabh Kumar Pandey, learned counsel for the petitioner submits that since the impugned FIR reflects that the statement of the victim recorded under Section 183 of BNSS 2023, therefore, the impugned FIR, technically cannot sustain because 183 statement of the victim cannot be a part of the FIR, since, statement under section 183 of BNSS is only recorded after registration of the FIR.
6. I found force on the submission of Mr. Saurabh Kumar Pandey and is of the view that there is some technical flaw in registration of the impugned FIR which according to Mr. Pandey learned counsel, is based upon Zero FIR dated 08.02.2026.
7. Matter is being posted on 18.05.2026 to address on this issue.
(Rakesh Thapliyal, J.) 15.05.2026 Parul