Petitioner Suresh Rathore receives temporary relief subject to cooperation with the ongoing investigation.
In a significant judgment delivered on January 6, 2026, the Uttarakhand High Court has granted interim protection from arrest to Suresh Rathore, the petitioner in the case of Suresh Rathore v. State of Uttarakhand. The court's decision comes as a response to a criminal writ petition filed under Article 226 of the Indian Constitution, seeking the quashing of an FIR and protection from arrest.
The petitioner, represented by Advocate Mr. Vaibhav Singh Chauhan, sought the court's intervention to quash the First Information Report (FIR) No. 534 of 2025, lodged on December 24, 2025, under Sections 248(b), 3(5), and 336(4) of the Bharatiya Nagarik Suraksha Sanhita (B.N.S.), 2023, at the Bahadrabad Police Station in Haridwar District.
The court, presided by Justice Ashish Naithani, acknowledged the petitioner's plea for interim relief, which included a stay on his arrest as per the impugned FIR. In its order, the court directed that no coercive measures be taken against Mr. Rathore until the next date of listing, provided he cooperates with the ongoing investigation. The interim protection granted will be automatically vacated if Mr. Rathore fails to cooperate.
The respondents, represented by Government Advocate Mr. Amit Bhatt, along with Additional Government Advocates Mr. Kuldeep Rawat and Mr. B.C. Joshi, have been given notice, and objections are to be filed by the respondent parties. The case is scheduled for its next hearing on March 24, 2026.
This ruling underscores the court's stance on ensuring justice while balancing the rights of the petitioner and the investigation's integrity. The statutory provisions under which the FIR was lodged, as per the Bharatiya Nagarik Suraksha Sanhita, 2023, include sections that potentially address issues of public safety and security.
The judgment is pivotal as it provides a temporary reprieve to the petitioner, with the court emphasizing the necessity of cooperation with legal proceedings. This case remains closely watched, with its implications resonating in legal circles and among the public, especially considering the relatively recent enactment of the Bharatiya Nagarik Suraksha Sanhita.
Bottom Line:
Interim protection from arrest granted to the petitioner under Sections 248(b), 3(5), and 336(4) of Bharatiya Nagarik Suraksha Sanhita, 2023, subject to cooperation with the investigation. Non-cooperation will lead to automatic vacation of interim protection.
Statutory provision(s): Sections 248(b), 3(5), 336(4) of Bharatiya Nagarik Suraksha Sanhita, 2023
Suresh Rathore v. State of Uttarakhand, (Uttarakhand) : Law Finder Doc Id # 2833801
