Dismissed¶7

Deepak Kumar v. State of Uttarakhand

Uttarakhand HC4 May 2026WPCRL/757/2026

Case brief

AI extract

What is this about?

Quashing of FIR refused where petitioner was not named in the FIR: FIR No. 66 of 2026 (02.02.2026, P.S. Bhagwanpur, District Haridwar) under Ss. 103(1), 109(1), 190, 191(2), 191(3) Bhartiya Nyaya Sanhita 2023 for murder; State submitted investigation ongoing and interrogation of petitioner required; Court held prima facie offence made out against named persons, FIR cannot be quashed; petition (WPCRL No. 757 of 2026) dismissed. Keywords: quashing FIR, unnamed accused, murder, BNS 2023, police harassment, no-arrest mandamus refused.

What did the court decide?

On perusal of the impugned FIR, prima facie an offence is made out against the persons who are named in the FIR and it relates to murder; therefore, the FIR admittedly cannot be quashed. ¶6

SL. No.	Dat e	Office Not es, r epor t s, or der s or pr oceedin gs or d ir ect ion s an d Regist r ar ’s or der w it h Sign at u r es	COURT’S OR JUDGE’S ORDERS
			WPCRL No. 757 of 2026 Hon'ble Rakesh Thapliyal, J. 1. Mr. Abhishek Verma, learned counsel for the petitioner through V.C.. 2. Ms. Meenakshi Sharma, learned A.G.A. for the State. 3. Petitioner Deepak Kumar is praying for quashing for FIR dated 02.02.2026 bearing FIR No. 66 of 2026 registered at P.S. Bhagwanpur District Haridwar which was lodged against seven persons, namely, Vishal, Saurabh, Vineet, Nikhil, Prince, Himanshu and Viksit and the petitioner is not named in the FIR. 4. It is argued by the learned counsel for the petitioner that petitioner is not named in the FIR and is innocent and the police personnel are harassing him under the garb of impugned FIR and therefore FIR be quashed. 5. The reliefs as sought in this petition are as follows:- (i) Issue a writ order or direction in the nature of certiorari quashing the impugned FIR No. 66 of 2026 U/s 103(1), 109(1), 190, 191(2) and 191(3) of the Bhartiya Nyaya Sanhita 2023 at Police Station Bhagwanpur District Haridwar lodged by the respondent no. 3 as against the petitioners. (ii) Issue a writ or order or direction in the nature of mandamus directing the respondent no. 2 to not to arrest the petitioner in pursuance of the FIR No. 66 of 2026 U/s 103(1), 109(1) 190, 191(2) and 191(3) of the Bhartiya Nyaya Sanhita 2023 at Police Station Bhagwanpur District Haridwar. Admittedly, the petitioner is not named in the FIR and on the previous date State was directed to get instructions and today Ms. Meenakshi Sharma, learned A.G.A. on

SL.
No.

Dat e

Office Not es,
r epor t s,
or der s or
pr oceedin gs
or d ir ect ion s
an d
Regist r ar ’s
or der w it h
Sign at u r es

COURT’S OR JUDGE’S ORDERS

WPCRL No. 757 of 2026
Hon'ble Rakesh Thapliyal, J.
1.
Mr. Abhishek Verma, learned counsel for
the petitioner through V.C..
2.
Ms. Meenakshi Sharma, learned A.G.A.
for the State.
3.
Petitioner Deepak Kumar is praying for
quashing for FIR dated 02.02.2026 bearing FIR
No. 66 of 2026 registered at P.S. Bhagwanpur
District Haridwar which was lodged against
seven persons, namely, Vishal, Saurabh, Vineet,
Nikhil, Prince, Himanshu and Viksit and the
petitioner is not named in the FIR.
4.
It is argued by the learned counsel for the
petitioner that petitioner is not named in the FIR
and is innocent and the police personnel are
harassing him under the garb of impugned FIR
and therefore FIR be quashed.
5.
The reliefs as sought in this petition are as
follows:-
(i) Issue a writ order or direction in the nature
of certiorari quashing the impugned FIR No. 66 of
2026 U/s 103(1), 109(1), 190, 191(2) and 191(3) of
the Bhartiya Nyaya Sanhita 2023 at Police Station
Bhagwanpur District Haridwar lodged by the
respondent no. 3 as against the petitioners.
(ii) Issue a writ or order or direction in the
nature of mandamus directing the respondent no. 2 to
not to arrest the petitioner in pursuance of the FIR
No. 66 of 2026 U/s 103(1), 109(1) 190, 191(2) and
191(3) of the Bhartiya Nyaya Sanhita 2023 at Police
Station Bhagwanpur District Haridwar.
Admittedly, the petitioner is not named in
the FIR and on the previous date State was
directed to get instructions and today Ms.
Meenakshi
Sharma,
learned
A.G.A.
on

instructions apprise to this Court that impugned
FIR cannot be quashed since it relates to a heinous offence of murder and the investigation is going on and there are some clue with the investigating agency, therefore, interrogation of the petitioner is required. 6. On perusal of the impugned FIR, prima facie, offence is made out against the persons who are named in the FIR and that too relates to murder, therefore, admittedly FIR cannot be quashed. 7. In such view of the matter, I do not find any merit in this petition, hence, the same dismissed being devoid of merit. (Rakesh Thapliyal, J.) 04.05.2026 Parul

instructions apprise to this Court that impugned

FIR cannot be quashed since it relates to a
heinous offence of murder and the investigation
is going on and there are some clue with the
investigating agency, therefore, interrogation of
the petitioner is required.
6.
On perusal of the impugned FIR, prima
facie, offence is made out against the persons
who are named in the FIR and that too relates to
murder, therefore, admittedly FIR cannot be
quashed.
7.
In such view of the matter, I do not find
any merit in this petition, hence, the same
dismissed being devoid of merit.
(Rakesh Thapliyal, J.)
04.05.2026
Parul

Deepak Kumar v. State of Uttarakhand

Case brief

What is this about?

What did the court decide?

Deepak Kumar v. State of Uttarakhand

Case brief

What is this about?

What did the court decide?

What the court decided

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