Unknown vs Rahuf on 6 April, 2026

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    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.

    SPONSORED

    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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