Uttarakhand High Court
C528/201/2026 on 16 February, 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. 201 of 2026
Hon'ble Alok Mahra, J.
Mr. Vikas Kumar Guglani, learned
counsel for the applicant.
2. Mr. Siddhartha Bisht, learned A.G.A.
for the State.
3. Present C-528 application is filed by
the applicant challenging the chargesheet
dated 03.07.2025, cognizance order dated
07.10.2025 as well as the entire
proceedings of Criminal Case No. 6896 of
2025, State Vs. Tushar Prajapati, under
Sections 115(2), 351(3), 69 and 352 of
BNS, pending in the court of learned 1st
Additional Chief Judicial Magistrate,
Dehradun, District Dehradun.
4. In this case, earlier, a complaint was
filed by the complainant against the
applicant under Sections 323, 498-A, 504
and 506 of IPC. After investigation,
chargesheet has been filed under Section
115(2), 351(3), 69 and 352 of BNS.
5. Learned counsel for the applicant
submits that the complainant has herself
admitted that the applicant is her husband
and no allegation of forcible intercourse
has been made in the complaint,
therefore, the Investigating Officer without
applying his mind, has wrongly added
Section 69 of BNS in the chargesheet.
6. Having heard the submission, this
Court is of the view that this matter
definitely requires deliberation.
7. Issue notice to respondent no. 2,
returnable within three weeks. Steps to be
taken within a week.
8. List after service report is received.
9. In the meantime, counter-affidavit(s),
if any, be filed by the respondents.
10. After perusing the records and having
heard learned counsel for the parties, this
Court, prima facie, is of the opinion and is
satisfied that in the interest of justice,
further proceedings of Criminal Case No.
6896 of 2025, State Vs. Tushar Prajapati,
under Sections 115(2), 351(3), 69 and
352 of BNS, pending in the court of
learned 1st Additional Chief Judicial
Magistrate, Dehradun, District Dehradun,
shall remain stayed qua the applicant till
the next date of listing.
(Alok Mahra J.)
16.02.2026
Ujjwal
