Adil v. State of Uttarakhand

SL. No. Date Office Notes, reports, orders or proceedings or directions and Registrar's order with Signatures COURT'S OR JUDGE'S ORDERS

WPCRL/1459/2026

Adil --Petitioner Versus State Of Uttarakhand --Respondent

Hon'ble Alok Mahra, J.

Mr. Rahul Kumar and Mr. Ankur Sharma, learned counsel for petitioner.

¶2Mr. Pradeep Lohani, learned A.G.A. along with Mr. Jai Prakash Kandpal, learned Brief Holder for the State.

¶3By means of the present criminal writ petition under Article 226 of the Constitution of India, the petitioner seeks issuance of a writ in the nature of certiorari for quashing the impugned First Information Report being F.I.R. No. 192 of 2026, dated 09.05.2026 registered under Sections 3, 5 and 11 of the Uttarakhand Protection of Cow Progeny Act, 2007, at Police Station Kotwali Roorkee, District Haridwar, along with all consequential proceedings arising therefrom.

¶4Learned counsel for the petitioner would submit that the impugned F.I.R. has been lodged alleging that on

08.05.2026, the informant had taken his calf for grazing in the fields and thereafter proceeded to the mosque to offer Friday prayers and upon returning, when he

searched for the calf, he allegedly found one severed leg, the head and the skin of the calf lying in the agricultural field of one Abdul Rahim. It is further alleged that, upon making inquiries from the persons present at the spot, they disclosed that the accused persons, including the present petitioner, had stolen and slaughtered the calf. It is also alleged that, acting upon the said information, the police reached spot, where recovered material was inspected and samples thereof were collected by the Veterinary Officer, on the basis of which the present F.I.R. came to be registered.

¶5Learned counsel for the petitioner would further submit that the petitioner is innocent and has falsely been implicated in the present case; that, the petitioner was not present at the place from where the alleged recovery was made and has no connection whatsoever with the alleged incident; that, the allegations made in the impugned F.I.R., even if accepted in their entirety, do not disclose the commission of any cognizable offence against petitioner, therefore, the impugned F.I.R. deserves to be quashed.

¶6Per contra, learned State Counsel opposes the writ petition and would submit that the police recovered suspected remains of the slaughtered calf from the spot and that the investigation is still in progress. It is contended that allegations disclosed in the impugned F.I.R. require a thorough investigation and, therefore, no interference by this

Court is warranted at this stage in exercise of its extraordinary jurisdiction under Article 226 of the Constitution of India.

¶7At this stage, learned counsel for the petitioner would submit that without pressing the present writ petition on merits, the petitioner is ready and willing to surrender before the court of competent jurisdiction and apply for regular bail in accordance with law. He, therefore, prays that the present writ petition may be disposed of with liberty to the petitioner to surrender before the court concerned within a stipulated period and seek appropriate relief. It is further prayed that till such time, the petitioner may be protected from coercive measures.

¶8Learned State Counsel does not seriously oppose the aforesaid prayer.

¶9Heard learned counsel for the parties and perused the material available on record.

¶10Having regard to the facts and circumstances of the case, the nature of allegations contained in the impugned F.I.R., the stage of investigation and the statement made on behalf of the petitioner that he is willing to surrender before the court concerned and apply for regular bail, this Court is not inclined to examine the merits of the controversy at this stage.

¶11Accordingly, the present writ petition is disposed of with liberty to the petitioner to surrender before the court concerned on or before 27.08.2026 and seek regular bail or any other appropriate relief in

accordance with law.

¶12Till 27.08.2026 or till the date of surrender, whichever is earlier, petitioner shall not be arrested in connection with F.I.R. No. 192 of 2026, registered at Police Station Kotwali Roorkee, District Haridwar, provided that the petitioner cooperates with the ongoing investigation and also available before the Investigating Officer as and when required.

¶13It is made clear that in case the petitioner fail to cooperate with the investigation, misuse the liberty granted by this Court, or fail to surrender before the court concerned within the time stipulated hereinabove, it shall be open to the Investigating Agency to proceed in accordance with law.

¶14It is further clarified that this Court has not expressed any opinion on the merits of the case and all observations made herein are confined only to the disposal of the present criminal writ petition.

(Alok Mahra, J.)

28.07.2026 Mamta