Allowed¶7

Deen Mohammad Alias Dinna v. State of Uttarakhand

Uttarakhand HC2 May 2026C447/17/2026

Case brief

AI extract

What is this about?

Transfer application allowed by Uttarakhand High Court (Alok Mahra, J., 02.05.2026): Special Sessions Trial No.127 of 2024 (F.T.S.C. (POCSO)/Additional Sessions Judge, Roorkee) transferred to a Court of competent jurisdiction at Haridwar; ground — despite D.N.A. test conclusively excluding the applicant as biological father of the victim's baby boy (born October 2025; FIR dated 21.06.2024 alleging rape of a 14-year-old), the Investigating Officer, allegedly under the trial Court's influence, repeatedly summoned the applicant and his family to name the actual biological father, amounting to unwarranted harassment and creating apprehension of bias and undue pressure; transfer ordered to maintain judicial propriety and neutrality and prevent abuse of process; record to move within three weeks.

What did the court decide?

Special Sessions Trial No.127 of 2024 transferred from the F.T.S.C. (POCSO)/Additional Sessions Judge, Roorkee to a Court of competent jurisdiction at Haridwar; case record to be transferred to the transferee Court within three weeks; Registry to forthwith communicate the order to both the Courts.

SL. No.	Date	Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures	COURT’S OR JUDGE’S ORDERS C447 No.17 of 2026 Hon’ble Alok Mahra, J.
			Mr. Sajjad Ahmad, Advocate for the applicant. Mr. B.N. Molakhi, Deputy Advocate General for the State of Uttarakhand. 2. An F.I.R. was lodged by the complainant on 21.06.2024, alleging that the applicant committed rape on her sister, a minor aged 14 years. The victim became pregnant by the applicant, and subsequently delivered a baby boy in October 2025. D.N.A. testing was conducted on the baby boy, the victim, and the applicant, which conclusively established that the applicant is not the biological father of the child. 3. The present transfer application has been filed by the applicant seeking transfer of Special Sessions Trial No.127 of 2024 from the Court of the F.T.S.C. (POCSO)/Additional Sessions Judge, Roorkee, to any competent Court at Haridwar. 4. The primary ground for transfer is that, despite the D.N.A. mismatch exonerating the applicant, the trial Court is pressuring the Investigating Officer to compel the applicant to disclose the identity of the baby's biological father. Consequently, the Investigating Officer has been repeatedly summoning the applicant and his family members to reveal this information. The applicant maintains that he has no knowledge of the biological father's identity and submits that the victim is better placed to provide such details. This ongoing process amounts to continuous harassment and victimization of the applicant by the court. Learned counsel for the applicant submits that the applicant has also preferred an application before Hon’ble the Chief Justice of this Court, raising substantially the same averments as have been made in the present criminal miscellaneous application with regard to the

SL.
No.

Date

Office Notes,
reports, orders
or proceedings
or directions
and Registrar’s
order with
Signatures

COURT’S OR JUDGE’S ORDERS
C447 No.17 of 2026
Hon’ble Alok Mahra, J.

Mr. Sajjad Ahmad, Advocate for the
applicant.
Mr.
B.N.
Molakhi,
Deputy
Advocate
General for the State of Uttarakhand.
2.
An F.I.R. was lodged by the complainant
on 21.06.2024, alleging that the applicant
committed rape on her sister, a minor aged 14
years. The victim became pregnant by the
applicant, and subsequently delivered a baby
boy in October 2025. D.N.A. testing was
conducted on the baby boy, the victim, and the
applicant, which conclusively established that
the applicant is not the biological father of the
child.
3.
The present transfer application has been
filed by the applicant seeking transfer of Special
Sessions Trial No.127 of 2024 from the Court of
the
F.T.S.C.
(POCSO)/Additional
Sessions
Judge, Roorkee, to any competent Court at
Haridwar.
4.
The primary ground for transfer is that,
despite the D.N.A. mismatch exonerating the
applicant, the trial Court is pressuring the
Investigating Officer to compel the applicant to
disclose the identity of the baby's biological
father. Consequently, the Investigating Officer
has been repeatedly summoning the applicant
and
his
family
members
to
reveal
this
information. The applicant maintains that he
has no knowledge of the biological father's
identity and submits that the victim is better
placed to provide such details. This ongoing
process amounts to continuous harassment and
victimization of the applicant by the court.
Learned counsel for the applicant submits that
the applicant has also preferred an application
before Hon’ble the Chief Justice of this Court,
raising substantially the same averments as
have been made in the present criminal
miscellaneous application with regard to the

conduct of the Investigating Officer and concerned Judicial Officer. A copy of the application has also been annexed with criminal misc. application.	the said this
5. Learned State Counsel was directe obtain instructions, but none have b received.	d to een
6. Heard learned counsel for the parties perused the record. Despite the D.N.A. re conclusively establishing that the applican not the biological father of the child, Investigating Officer, allegedly under influence of the trial Court proceedings, been repeatedly summoning the applicant his family to disclose the identity of the ac biological father. This conduct amounts unwarranted harassment and creates apprehension of bias and undue pressure maintain judicial propriety, neutrality, an prevent abuse of process, transfer of the to a competent court at Haridwar is necessa	and port t is the the has and tual to an . To d to case ry.
7. In such view of the matter, the Tran Application is allowed. Special Sessions No.127 of 2024, pending before lea F.T.S.C. (POCSO)/ Additional Sessions Ju Roorkee, is transferred to a Court of compe jurisdiction at Haridwar.	sfer Trial rned dge, tent
8. The record of the aforesaid case shal transferred to the transferee Court, within t weeks.	l be hree
9. Registry shall forthwith communicate order to both the Courts. (Alok Mahra 02.05.2026 Arpan ARPAN JAISWAL Digitally signed by ARPAN JAISWAL DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND, 2.5.4.20=eabb68a3895e41937c266c23964c0485365445e3a20d ddb7393398f9fe45ba3e, postalCode=263001, st=UTTARAKHAND, serialNumber=060FC17022BEAE3DE215D68D9D454C5109CB9 87446351E4DF04AADAA2C2CEA66, cn=ARPAN JAISWAL Date: 2026.05.02 18:09:21 +05'30'	this , J.)

conduct of the Investigating Officer and
concerned Judicial Officer. A copy of the
application has also been annexed with
criminal misc. application.

the
said
this

5.
Learned State Counsel was directe
obtain
instructions,
but
none
have
b
received.

d to
een

6.
Heard learned counsel for the parties
perused the record. Despite the D.N.A. re
conclusively establishing that the applican
not the biological father of the child,
Investigating
Officer,
allegedly
under
influence of the trial Court proceedings,
been repeatedly summoning the applicant
his family to disclose the identity of the ac
biological father. This conduct amounts
unwarranted
harassment
and
creates
apprehension of bias and undue pressure
maintain judicial propriety, neutrality, an
prevent abuse of process, transfer of the
to a competent court at Haridwar is necessa

and
port
t is
the
the
has
and
tual
to
an
. To
d to
case
ry.

7.
In such view of the matter, the Tran
Application is allowed. Special Sessions
No.127
of
2024,
pending
before
lea
F.T.S.C. (POCSO)/ Additional Sessions Ju
Roorkee, is transferred to a Court of compe
jurisdiction at Haridwar.

sfer
Trial
rned
dge,
tent

8.
The record of the aforesaid case shal
transferred to the transferee Court, within t
weeks.

l be
hree

9.
Registry shall forthwith communicate
order to both the Courts.
(Alok Mahra
02.05.2026
Arpan
ARPAN
JAISWAL
Digitally signed by ARPAN JAISWAL
DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT
OF UTTARAKHAND,
2.5.4.20=eabb68a3895e41937c266c23964c0485365445e3a20d
ddb7393398f9fe45ba3e, postalCode=263001,
st=UTTARAKHAND,
serialNumber=060FC17022BEAE3DE215D68D9D454C5109CB9
87446351E4DF04AADAA2C2CEA66, cn=ARPAN JAISWAL
Date: 2026.05.02 18:09:21 +05'30'

this
, J.)

Deen Mohammad Alias Dinna v. State of Uttarakhand

Case brief

What is this about?

What did the court decide?

Deen Mohammad Alias Dinna v. State of Uttarakhand

Case brief

What is this about?

What did the court decide?

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What the court decided

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