Disposed¶12

Masoom and Anr. v. State of Uttarakhand

Uttarakhand HC10 Jul 2026WPCRL/1153/2026

Case brief

AI extract

What is this about?

Uttarakhand High Court, WPCRL/1153/2026, Masoom And Anr v. State Of Uttarakhand, decided 10.07.2026 by Alok Mahra, J. FIR quashing and arrest-protection writ under Article 226; FIR Case Crime No. 0134 of 2026 under Sections 103, 109, 191(2) and 3(5) B.N.S., P.S. Sehspur, Dehradun; interim protection from arrest till 05.08.2026 granted on humanitarian grounds to petitioner no.1 suffering multiple myeloma; liberty to apply for regular bail; no opinion on merits; petition disposed of.

What did the court decide?

Limited humanitarian protection: petitioner no.1 not to be arrested in Case Crime No. 0134 of 2026 till 05.08.2026, with liberty to seek regular bail; writ petition otherwise disposed of without expressing any opinion on the merits of the F.I.R. allegations. ¶12

Masoom and Anr. Vs State of Uttarakhand — Murder and Culpable Homicide | Uttarakhand HC (2026)

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the First Information Report in Case Crime No. 0134 of 2026 is liable to be quashed so far as the petitioners are concerned. +1 more

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Court's answer

The Court expressly declined to express any opinion on the merits of the allegations contained in the F.I.R.; the quashing prayer was not decided on merits.

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Ratio / Principle

Purely on humanitarian considerations, petitioner no.1 shall not be arrested in connection with Case Crime No. 0134 of 2026 till 05.08.2026.

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Key takeaways

During the protected period, petitioner no.1 is at liberty to approach the competent court seeking appropriate relief, including regular bail; any such application shall be considered and decided strictly in accordance with law, without being influenced by any observation made in the present order.ratio¶10
The protection granted is purely temporary and humanitarian in nature, lapses automatically after 05.08.2026, and the merits of the allegations in the F.I.R. were not examined, with all rights and contentions of the parties left open.ratio¶12

Detailed headnote1 paragraphs

High Court of Uttarakhand (Alok Mahra, J.) — Writ petition under Article 226 of the Constitution of India seeking certiorari quashing of FIR, Case Crime No. 0134 of 2026 dated 14.06.2026 (Sections 103, 109, 191(2) and 3(5) of the B.N.S., Police Station Sehspur, District Dehradun) and restraint on arrest. Petitioner no.2 was already arrested during pendency, so relief was confined to petitioner no.1, stated to be suffering from multiple myeloma (blood cancer), whose house was demolished and whose three sons and son-in-law were arrested; the State raised no serious objection to limited protection. HELD: purely on humanitarian considerations, petitioner no.1 not to be arrested in the case till 05.08.2026; during that period liberty to seek regular bail from the competent court, to be decided strictly in accordance with law uninfluenced by observations in this order; protection purely temporary, lapsing automatically after 05.08.2026; merits of the F.I.R. allegations not examined and all rights and contentions left open. Writ petition disposed of (10.07.2026).

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UKHC010107162026

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2026:UHC:5629

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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/1153/2026
			Masoom And Anr ………Petitioner
			Versus
			State Of Uttarakhand…….Respondent
			Hon'ble Alok Mahra, J.
			Mr. Tajhar Qayyum, learned counsel for the petitioners. 2. Mr. Rakesh Joshi, learned A.G.A. along with Mr. Manoj Bhatt, learned Brief Holder for the State. 3. Mr. Aman Baluni, learned counsel for the complainant. 4. By means of the present writ petition filed under Article 226 of the Constitution of India, the petitioners have prayed for issuance of a writ in the nature of certiorari quashing the First Information Report being Case Crime No. 0134 of 2026 dated 14.06.2026, registered under Sections 103, 109, 191(2) and 3(5) of the B.N.S.
			at Police Station Sehspur, District Dehradun, so far as the petitioners are concerned. A further prayer has been made for issuance of an appropriate writ, order or direction restraining the respondent authorities from arresting
			the petitioners in pursuance of the aforesaid F.I.R.

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UKHC010107162026

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2026:UHC:5629

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5. Learned counsel for the petitioners
submits that, as per the allegations
contained in the First Information
Report, the genesis of the occurrence is
a dispute relating to water supply
between the family of the informant
and one Imtiyaz and his son, Samshu.
He further submits that during the
pendency of the present writ petition,
petitioner no.2 has already been
arrested by the investigating agency.
Consequently, the present submissions are confined only to the case of
petitioner no.1.
6. He would further submit, on
instructions, that petitioner no.1 is
suffering from multiple myeloma (blood
cancer) and is undergoing treatment. It
is also stated that, subsequent to the
incident in question, the residential
house of petitioner no.1 was
demolished by a bulldozer and his
family has been rendered homeless.
Learned counsel further submits that
three sons and the son-in-law of
petitioner no.1 have also been arrested
in connection with the present case
and, as such, petitioner no.1 seeks only
a short protective period to enable him
to make necessary arrangements for
his medical treatment and for providing
shelter and care to his wife and
daughter, who are presently residing
with relatives.
7. Learned counsel for petitioner

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UKHC010107162026

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2026:UHC:5629

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no.1, therefore, confines his prayer to
grant of reasonable time before coercive
action is taken against him so that he
may avail his legal remedies and make
the aforesaid arrangements.
8. Per contra, learned State Counsel
opposes the writ petition. However,
upon instructions, he fairly submits
that the State has no serious objection
if a limited period of protection is
granted to petitioner no.1 solely on
humanitarian considerations to enable
him to arrange for his medical
treatment and the accommodation of
his dependent family members.
9. Having considered the submissions
advanced by learned counsel for the
parties, and without expressing any
opinion on the merits of the allegations
contained in the F.I.R., this Court is of
the view that the peculiar facts brought
on record, particularly the serious
medical condition of petitioner no.1 and
the humanitarian circumstances
pleaded on his behalf, justify grant of a
limited protective indulgence.
10. Accordingly, purely on
humanitarian considerations, it is
directed that petitioner no.1 shall not
be arrested in connection with Case
Crime No. 0134 of 2026 till 05.08.2026.
During the aforesaid period, petitioner
no.1 shall be at liberty to approach the
competent court seeking appropriate
relief, includingregular bail, if so

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UKHC010107162026

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2026:UHC:5629

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advised. In the event such an application is filed, the same shall be considered and decided by the court concerned strictly in accordance with law, without being influenced by any observation made in the present order. 11. It is made clear that the protection granted by this order is purely temporary and humanitarian in nature. The same shall automatically end to operate after 05.08.2026, and thereafter it shall be open to the investigating agency to proceed in accordance with law. It is further clarified that this Court has not examined the merits of the allegations levelled in the F.I.R., and all rights and contentions of the parties are left open. 12. Subject to the aforesaid directions and observations, the writ petition stands disposed of. 13. Pending applications, if any, stand disposed of accordingly. MAMT (Alok Mahra, J.) 10.07.2026 Mamta A RANI

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Digitally signed by MAMTA RANI DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND, 2.5.4.20=6a812005bebfcf46f244f3e58 4af1449e430ef900bf09a6d67ebbd642 671329b, postalCode=263001, st=Uttarakhand, serialNumber=5de1751a4f1d9cabfd54 852c9e68911ca8b66dd26690a191648 ab5d8dd004ef0, cn=MAMTA RANI Date: 2026.07.10 16:55:06 +05'30'

Masoom and Anr. v. State of Uttarakhand

Case brief

What is this about?

What did the court decide?

Masoom and Anr. 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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