Disposed

Piyush Verma(Minor) v. State of Uttarakhand

Uttarakhand HC4 Nov 2025WPCRL/1386/2025

Case brief

AI extract

What is this about?

A minor alleged in an FIR under BNS provisions sought protection from arrest. The court, noting the mark sheet showed he was about 16 on the incident date, directed police not to arrest him and to deal with him under the Juvenile Justice Act after ascertaining juvenility.

What did the court decide?

Direction to respondent No.2 not to arrest the petitioner; to deal with him under the Juvenile Justice Act, 2015 after ascertaining juvenility.

Piyush Verma(Minor) Vs State of Uttarakhand — Quashing and FIR | Uttarakhand HC (2025)

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2025:UHC:9723

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HIGH COURT OF UTTARAKHAND AT NAINITAL

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Writ Petition Criminal No. 1386 of 2025

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04 November, 2025

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Piyush Verma (minor) --Petitioner Versus

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State Of Uttarakhand and Ors. --Respondents

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Presence :-

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Mr. B.M. Pingal and Mr. Rohit Kumar Gaur, learned counsel for petitioner.

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Mr. Bhaskar Chandra Joshi, learned A.G.A. with Mr. Vikas Uniyal, learned Brief Holder for the State of Uttarakhand/respondent Nos.1 and 2.

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Mr. Bhupesh Kandpal, learned counsel for respondent No.3/Caveator.

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Hon'ble Pankaj Purohit, J.

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By means of the present writ petition, petitioner has put to challenge the impugned FIR No.0117 of 2025 dated 23.10.2025, for the offences punishable under Sections 109, 190, 191(2), 191(3), 324(4) of the BNS, 2023, registered with Police Station Kaladhungi, District Nainital and further prayed for a direction to respondent No.3 not to arrest the petitioner pursuant to the aforesaid FIR.

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It is contended by learned counsel for the petitioner that the petitioner-Piyush Verma is a minor aged about 16 years and in proof of the said contention, he annexed the high school mark sheet of the petitioner as Annexure No.2, according to which, the date of birth of the petitioner is 26.05.2009. According to the contents of FIR, on the date of alleged incident, the petitioner is admittedly a minor.

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2025:UHC:9723

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Since, prima-facie the petitioner appears to be a minor, therefore, he cannot be arrested by the police rather he should be dealt with in accordance with the provisions of the Juvenile Justice (Care and Protection of Children) Act, 2015.

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Accordingly, the present criminal writ petition is disposed of with a direction to respondent No.2 not to arrest the petitioner rather he shall be dealt with in accordance with the provisions of the Juvenile Justice (Care and Protection of Children) Act, 2015, after ascertaining the juvenility of the petitioner.

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Pending application, if any, stands disposed of accordingly.

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(Pankaj Purohit, J.) 04.11.2025

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Piyush Verma(Minor) v. State of Uttarakhand

Case brief

What is this about?

What did the court decide?

Piyush Verma(Minor) v. State of Uttarakhand

Case brief

What is this about?

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