Uttarakhand High Court
Unknown vs Rahuf on 6 April, 2026
Office Notes,
reports, orders or
proceedings or
No Date COURT'S OR JUDGES'S ORDERS
directions and
Registrar's order
with Signatures
C-528 No. 583 of 2026
Hon'ble Alok Mahra, J.
Mr. S.R.S. Gill, learned counsel for the
applicant.
2. Mr. S.C. Dumka, learned A.G.A. for the
State.
3. The present criminal misc. application is
filed with the prayer to direct the court of
Judicial Magistrate 2nd, Roorkee, District
Haridwar to decide the application of the
applicant dated 04.12.2025 and commit the file
of present case to the court of learned 1st
Additional District and Sessions Judge, Roorkee,
District Haridwar, where Sessions Trial No. 73 of
2024 (FIR No. 130 of 2024), State Vs. Rahuf
and Others, is pending, as both FIRs are arising
out of same incident.
4. In this case, an FIR was lodged by
respondent nos. 2 to 8 against the family
members of the applicant under Section 302 of
IPC. After investigation, chargesheet was filed
and trial was committed being Sessions Trial
No. 73 of 2024 under Sections 302, 304 IPC
and Section 4/25 of Arms Act.
5. Applicant has also lodged an FIR against
the private respondents under Sections 147,
148, 149, 323, 307, 323, 504 and 506 of IPC in
which after investigation, chargesheet was filed.
6. Applicant has moved an application before
the court of Judicial Magistrate 2nd, Roorkee,
Haridwar that since the trial case is triable by
Magistrate and two prosecution witnesses have
already been examined and cross case is
pending before the court of 1st Additional
District Judge, Roorkee, therefore, this case
may also be committed to the Session as there
are common witnesses and it is a cross case.
7. The Court of 1st Additional District Judge
vide its order dated 30.01.2026 had passed an
order, whereby, he has directed the matter to
be listed on 02.03.2026 for further arguments.
On 02.03.2026, the Presiding Officer was on
leave, therefore, the matter could not be listed.
8. Learned counsel for the applicant
submitted that as per the status of the case, the
matter is listed on 18.04.2026 for framing of
charges and the next date fixed in the session
trial is 09.04.2026.
9. Considering the fact that application of the
applicant for committing Criminal Case No. 430
of 2025 is pending consideration before the
court of 2nd Judicial Magistrate, Roorkee,
Haridwar therefore, this Court thinks it fit and
proper and directs the court of learned Judicial
Magistrate to decide the application of the
applicant for committing the Criminal Case No.
430 of 2025 to the session on the next date i.e.
18.04.2026.
10. Till decision is passed in Criminal Case No.
430 of 2025, further proceedings of Sessions
Trial No. 73 of 2024 (FIR No. 130 of 2024),
State Vs. Rahuf and Others shall remain stayed
qua the applicant.
11. Issue notice to respondent nos. 2 to 8,
returnable within three weeks. Steps to be
taken within a week.
12. List after service report is received.
13. In the meantime, counter-affidavit, if any,
be filed by the respondent.
(Alok Mahra J.)
06.04.2026
Ujjwal
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