Partly allowed

Umer Khan and Ors. v. State of Uttarakhand

Uttarakhand HC8 Jul 2026C528/1398/2026

Case brief

AI extract

What is this about?

This petition by Umer Khan and others challenged non-bailable warrants issued under forest and wildlife laws. The High Court suspended the warrants subject to an undertaking by the applicants to cooperate with the investigation and appear before the Investigating Officer on a specified date, warning of automatic enforcement of the warrants upon failure to appear.

What did the court decide?

The non-bailable warrants were suspended pending the applicants' appearance before the Investigating Officer on 13.07.2026 and subsequent dates, subject to their undertaking to cooperate; the warrants

SL. No.	Date	Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures	COURT’S OR JUDGE’S ORDERS
			C528/1398/2026 Umer Khan And Ors --Applicant Versus State Of Uttarakhand --Respondent Hon'ble Rakesh Thapliyal, J. Mr. Mohd Matlub, learned counsel for the applicants. 2. Mrs. Meenakshi Sharma, learned AGA for the State. 3. The instant petition has been preferred by the applicants-Umer Khan, S/o Toufeeq Khan, Sameer Khan, S/o Takmeel Khan and Salman Khan, S/o Tafseel. All are resident of village Milak Dundi, P.O. Meerapur, Meeraganj Swar, District Rampur, who have been summoned to join the investigation in relation to the offences punishable under Section 26(1)(d)(f), 52 and 64 of the Indian Forest Act, 1947 and Sections 2(15), 2(16)c, 9, 38(2), 50 and 51 of the Wildlife Protection Act, 1972. 4. It is argued by learned counsel for the applicants that all the applicants are ready to cooperate with the investigation but due to some unavoidable circumstances, they could not be present before the Investigating Officer. Now the non-bailable-warrants have been issued. He submits that all these applicants are ready to cooperate with the investigation, however the non-bailable- warrant bequashed.

SL.
No.

Date

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

COURT’S OR JUDGE’S ORDERS

C528/1398/2026
Umer Khan And Ors
--Applicant
Versus
State Of Uttarakhand
--Respondent
Hon'ble Rakesh Thapliyal, J.
Mr. Mohd Matlub, learned counsel for
the applicants.
2.
Mrs. Meenakshi Sharma, learned AGA
for the State.
3.
The instant petition has been preferred
by the applicants-Umer Khan, S/o Toufeeq
Khan, Sameer Khan, S/o Takmeel Khan and
Salman Khan, S/o Tafseel. All are resident of
village
Milak
Dundi,
P.O.
Meerapur,
Meeraganj Swar, District Rampur, who have
been summoned to join the investigation in
relation to the offences punishable under
Section 26(1)(d)(f), 52 and 64 of the Indian
Forest Act, 1947 and Sections 2(15), 2(16)c, 9,
38(2), 50 and 51 of the Wildlife Protection
Act, 1972.
4.
It is argued by learned counsel for the
applicants that all the applicants are ready to
cooperate with the investigation but due to
some unavoidable circumstances, they could
not be present before the Investigating
Officer. Now the non-bailable-warrants have
been issued. He submits that all these
applicants are ready to cooperate with the
investigation, however the non-bailable-
warrant bequashed.

5. On the other side, Mrs. Meenakshi
Sharma, learned AGA submits that the
present applicants are deliberately avoiding
to appear before the Investigating Officer
and not only this one of the Parirokar of the
Forest Department was also beaten by these
applicants, therefore, they does not deserve for any equity.
6. Be that as it may.
7. Now all the applicants are giving an
undertaking by way of this petition that they
are ready to cooperate with the investigation
and if it is so, then the implementation of
non-bailable-warrant may be suspended for the time being so that the applicants may join the investigation.
8. Let all the applicants shall appear
before the Investigating Officer on 13.07.2026
and on every day as and when the
Investigating Officer called them for the
investigation.
9. Subject to the aforesaid direction and
undertaking, the non-bailable-warrant shall remain suspended but it is made clear that if
the applicants failed to appear before the
Investigating Officer on 13.07.2026 or on any
subsequent date, the non-bailable-warrant will come into force automatically.
10. Subject to the direction and observation
above, the instant petition is disposed of
finally.
(Rakesh Thapliyal, J.) 08.07.2026 Arti

5.
On the other side, Mrs. Meenakshi

Sharma, learned AGA submits that the

present applicants are deliberately avoiding

to appear before the Investigating Officer

and not only this one of the Parirokar of the

Forest Department was also beaten by these

applicants, therefore, they does not deserve
for any equity.

6.
Be that as it may.

7.
Now all the applicants are giving an

undertaking by way of this petition that they

are ready to cooperate with the investigation

and if it is so, then the implementation of

non-bailable-warrant may be suspended for
the time being so that the applicants may join
the investigation.

8.
Let all the applicants shall appear

before the Investigating Officer on 13.07.2026

and on every day as and when the

Investigating Officer called them for the

investigation.

9.
Subject to the aforesaid direction and

undertaking, the non-bailable-warrant shall
remain suspended but it is made clear that if

the applicants failed to appear before the

Investigating Officer on 13.07.2026 or on any

subsequent date, the non-bailable-warrant
will come into force automatically.

10.
Subject to the direction and observation

above, the instant petition is disposed of

finally.

(Rakesh Thapliyal, J.)
08.07.2026
Arti

Umer Khan and Ors. v. State of Uttarakhand

Case brief

What is this about?

What did the court decide?

Umer Khan and Ors. v. State of Uttarakhand

Case brief

What is this about?

What did the court decide?

What the court decided

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