Uttarakhand High Court
WPCRL/937/2026 of VISHAL Vs STATE OF UTTARAKHAND on 27 May 2026
SL. No. Date Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures COURT’S OR JUDGE’S ORDERS WPCRL No. 937 of 2026 Hon’ble Rakesh Thapliyal, J. 1. Mr. R.S. Sammal, learned counsel with Mrs. Sarita Bisht, learned counsel for
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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
WPCRL No. 937 of 2026
Hon’ble Rakesh Thapliyal, J.
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1. Mr. R.S. Sammal, learned counsel with Mrs. Sarita Bisht, learned counsel for the petitioner.
2. Mr. Tumul Nainwal, learned A.G.A. for the State.
3. Mr. Arvind Vashistha, learned Senior Advocate assisted by Mr. Anugrah Massey, learned counsel for the respondent no.3
4. Yesterday the matter was listed and posted for today in order to enable the State Counsel to get status of the investigation.
5. Now, Mr. Tumul Nainwal, learned A.G.A. for the State apprised to this Court that charge-sheet has already been filed and during the investigation, the present petitioner never cooperate and he is absconding and even the proceedings under Section 84 of the BNS, 2023 was also initiated, even then, the present petitioner never turned up before the Investigating Officer and not only this, even he has not surrendered before the Court concerned.
6. Today, Mr. R.S. Sammal, learned counsel for the petitioner, on instructions, submits that now the petitioner is ready to surrender before the court concerned within ten days from today.
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7. On this, Mr. Tumul Nainwal, learned A.G.A. has not raised any objection.
8. Mr. Arvind Vashistha, learned Senior Advocate for the respondent no.3 submits that until and unless the petitioner challenge the non-bailable warrant, such liberty cannot be granted.
9. Admittedly, during the investigation, the petitioner was absconding and never cooperate with the investigation and not only this even after initiation of the proceedings under Section 84 of the BNS, 2023, he has not turned up and now praying for the quashing of the impugned FIR.
10. Since the petitioner never joined the investigation and remained absconded, this Court is of the view that the petitioner does not deserve for any interim protection and the impugned FIR cannot be quashed.
11. In such view of the matter, the instant writ petition is dismissed with liberty to the petitioner to surrender before the court concerned on or before 8th June, 2026, failing which, the concerned IO shall immediately take him in custody.
(Rakesh Thapliyal, J.)
27.05.2026
Shiv/