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Judgment
Mr. Harshpal Sekhon, learned counsel for the petitioner.
Mr. V.S. Pal, learned A.G.A. for the State.
Mr. M.K. Ray, learned counsel for respondent no.3.
By means of the present writ petition, filed under Article 226 of the Constitution of India, the petitioner has prayed for issuance of a writ, order or direction in the nature of certiorari for quashing the First Information Report/Case Crime No. 458 of 2026 dated 06.09.2026, registered under Section 109, 190, 191(3), 351(2), 352 of the B.N.S., at Police Station Rudrapur, District Udham Singh Nagar. The petitioner has further prayed for issuance of a writ, order or direction in the nature of mandamus commanding the respondent authorities not to arrest them pursuant to the aforesaid F.I.R.
At the very outset, learned counsel appearing for the petitioner would submit that the petitioner is ready and willing to surrender before the court concerned; however, some time may be granted to enable him to appear before the court concerned and in the interregnum, the petitioner may be granted protection from coercive action.
Learned State counsel as well as learned counsel appearing for the complainant would vehemently oppose the writ petition, particularly on the ground that the petitioner has a criminal history. However, they do not dispute the submission that the petitioner is willing to appear and surrender before the court concerned and submit that short time may be granted to him for the said purpose.
Having heard learned counsel for the parties and having regard to the submissions advanced, the writ petition is disposed of with a direction to the petitioner to appear and surrender before the court concerned within a period of ten days from today. Till the expiry of the aforesaid period of ten days, no coercive action shall be taken against the petitioner in connection with the present case.
It is made clear that the protection granted to the petitioner shall remain operative only for the aforesaid period of ten days. In the event the petitioner fails to appear and surrender before the court concerned within the said period, the protection granted by this order shall automatically stand vacated, and the court concerned shall be at liberty to take appropriate steps against the petitioner in accordance with law.
Accordingly, the writ petition stands disposed of.
Pending applications, if any, also stand disposed of.