Uttarakhand High Court
WPCRL/1241/2026 of ANURAG GARG Vs STATE OF UTTARAKHAND on 6 July 2026
Date Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures COURT’S OR JUDGE’S ORDERS UKHC010114062026 WPCRL/1241/2026 Anurag Garg --Petitioner Versus State Of Uttarakhand --Respondent Hon’ble Alok Mahra, J. Mr. Harish Bisht,
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SL. No. Date Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures COURT’S OR JUDGE’S ORDERS
UKHC010114062026 WPCRL/1241/2026
Anurag Garg --Petitioner Versus State Of Uttarakhand --Respondent
Hon’ble Alok Mahra, J.
Mr. Harish Bisht, Advocate for the petitioner (through video conferencing).
2. Mr. Dinesh Chauhan, A.G.A. for the State.
3. By means of the present writ petition, petitioner has sought the following reliefs:- “(i)) Issue a writ, order or direction in the nature of mandamus directing the learned Additional Chief Judicial Magistrate, Ramnagar, District Nainital (Respondent No. 2) to consider and decide the petitioner’s application under Section 175(3) of the Bhartiya Nagarik Suraksha Sanhita, 2023, pending in Criminal Misc. Case No. 167 of 2026, by passing a reasoned and speaking order strictly in accordance with law within a time period to be fixed by this Hon’ble Court.
(ii) Issue a further writ, order or direction commanding the respondent Police authorities to preserve all relevant records and evidence relating to the petitioner’s complaint and not to permit any destruction, alteration or tampering of the same during the pendency of the proceedings before the learned Magistrate.”
4. Learned counsel for the petitioner would submit that petitioner has filed an application under Section 175(3) of BNSS, before the court of learned ACJM, Ramnagar, District
Nainital seeking a direction to the SHO concerned to register an FIR and conduct the investigation into the cognizable offences disclosed in the complaint. It is the case of the petitioner that the learned Magistrate concerned vide order dated 29.05.2026 registered the application as Criminal Misc. Case No. 167 of 2026 and the matter was directed to be listed on 05.06.2026 for appearance, but, when the matter was taken up on 05.06.2026, the matter was again adjourned and was listed for 10.07.2026 for further proceedings. Thus, the petitioner has prayed for expeditious disposal of the aforesaid criminal case.
5. Heard learned counsel for the parties and perused the record.
6. Ordersheet of Criminal Misc. Case No. 167 of 2026 has been placed on record. Perusal of the order sheet would reveal that application filed under Section 175(3) of BNSS was filed on 29.05.2026 and the next date fixed in the matter is 10.07.2026.
7. Since, only a month’s time has been lapsed in the criminal case, therefore, there is no inordinate delay in the proceedings. Despite this fact, the present Writ Petition has been filed for expediting the matter. Hence, this Court does not find any reason to invoke its extraordinary jurisdiction under Article 226 of the Constitution of India.
8. Accordingly, the present Writ Petition is liable to be dismissed and is hereby dismissed with a cost of Rs.10,000/-, which is to be deposited by the petitioner in the account of Uttarakhand High Court Bar Association.
(Alok Mahra J.)
06.07.2026 Ujjwal