Rape Conviction Cannot Rest On Suspicion; Chain Of Custody Defects Undermine Forensic Evidence: Uttarakhand High Court

The Uttarakhand High Court held that “a conviction must rest on legally proved evidence and not suspicion, however strong”, and that in the absence of a duly established chain of custody, forensic evidence loses its evidentiary value and cannot be treated as conclusive. Applying this principle, the Court set aside the convictions of the appellants-accused for offences under Sections...

Suspecting Wife's Character Without Instigation Does Not Constitute Abetment To Suicide: Uttarakhand High Court Acquits Husband

The Uttarakhand High Court has held that mere suspicion of a spouse's character and allegations of mental harassment, in the absence of any proximate act of instigation or intentional aiding, do not satisfy the ingredients of abetment of suicide under Sections 306 and 107 of the Indian Penal Code. Holding that the prosecution failed to establish the essential elements of abetment, the Court...

Uttarakhand High Court Refuses To Quash FIR Against 'Mohammad' Deepak, Restrains Him From Posting On Social Media

The Uttarakhand High Court today restrained 'Mohammad' Deepak Kumar and others from making any statements or posting videos on social media regarding the 26 January Kotdwar incident and related cases, as it noted that the same might affect the ongoing investigation into the matter. For context, on January 26, Deepak confronted Bajrang Dal members who were allegedly objecting to a...

How Can An Accused Seek Police Protection?: Uttarakhand High Court To 'Mohammad' Deepak; Says He Is Sensationalizing Matter

The Uttarakhand High Court today orally rebuked Kotdwar-based gym owner 'Mohammad Deepak' over extraneous prayers in his FIR quashing petition, wherein he inter alia sought police protection and action against erring police officials for their 'partisan' approach. A bench of Justice Rakesh Thapliyal termed the extraneous prayers in the petition as 'pressure tactics' aimed at influencing...

Uttarakhand High Court Seeks Status Of Investigation Against Gym Owner 'Mohammad Deepak', Details Of 'Donations' Received By Him

The Uttarakhand High Court today directed the State Government to file a status report regarding the investigation into multiple FIRs arising from the January 2026 Kotdwar incident involving Deepak Kumar alias 'Mohammad Deepak'. A Bench of Justice Rakesh Thapliyal also directed the petitioner (Deepak) to provide a clear account of the 'donations' credited to his bank account till...

S. 202 CrPC | Magistrate Bound To Inquire Before Issuing Summons To Accused Residing Beyond Territorial Jurisdiction: Uttarakhand HC

The Uttarakhand High Court has reiterated that it is mandatory for a Magistrate under Section 202 of the Code of Criminal Procedure ('CrPC') to postpone issuance of process and either inquire or direct investigation to be made for the purpose of ascertaining whether or not there is sufficient ground for proceeding against the accused for issuing summons.A Bench of Justice Ashish Naithani was...

Justice Manoj Kumar Gupta Sworn-In As Chief Justice Of Uttarakhand High Court

Justice Manoj Kumar Gupta on Saturday (January 10) took oath as Chief Justice of the Uttarakhand High Court. His oath was administered by the Governor of Uttarakhand, Lieutenant General (Rtd) Gurmit Singh.While serving as the senior-most judge (after the Chief Justice), Justice Gupta was recommended by the Supreme Court Collegium for elevation to the office of the Chief Justice of the...

Uttarakhand High Court Allows E-Mail And WhatsApp Service Of Summons In Cheque Bounce Cases

The Uttarakhand High Court has allowed summons in cheque bounce cases to be served through electronic modes, including e-mail and WhatsApp. In a circular issued on January 5, 2026, the court directed criminal courts across the State to use these electronic modes while handling cases under the Negotiable Instruments Act, 1881. The directions are issued in line with recent guidance of the...

Uttarakhand High Court Annual Digest 2025

NOMINAL INDEXWelham Boys' School Society & others Versus State of Uttarakhand & another 2025 LiveLaw (UTT) 1Javed Siddiqui and another Versus State of Uttarakhand and another 2025 LiveLaw (UTT) 2Bindiya Khatri and others. Versus State of Uttarakhand & others. 2025 LiveLaw (UTT) 3M/s SPDD VDPPL JV and another v. State of Uttarakhand and others 2025 LiveLaw (UTT) 4Madhuri Joshi...

Income Tax Act | Multiple Presentations Of Proposal For Reopening U/S 148 After Rejection Not Permissible: Uttarakhand High Court

The Uttarakhand High Court held that once a proposal for reopening an assessment under Section 148 is rejected by the competent authority, repeated representations of the same proposal are impermissible and without jurisdiction. Chief Justice G. Narendar and Justice Subhash Upadhyay examined whether the multiple presentations / repeated re-presentation of the proposal for initiation...

Can't Withhold Officer's Promotion When Chargesheet Was Served After Completion Of Exercise: Uttarakhand High Court Reiterates

The Uttarakhand High Court stayed an order which had put on hold the promotion of a man as a Forest Range Officer, based on a charge-sheet issued against him which was served to him after the promotion exercise. In doing so the court reiterated that withholding of promotion of an individual on the ground that charge-sheet was issued on a date anterior to holding of promotion exercise cannot...

Outsourced Forest Staff Cannot Be Discontinued Over Mere Classification Under 'Wrong Salary Head': Uttarakhand High Court

The Uttarakhand High Court has granted relief to a slew of outsourced workmen (petitioners) of the Uttarakhand Forest Department— whose engagement was discontinued on the sole ground that there was a change in the salary head from which their wages were being drawn— directing the State Government to not discontinue the services of such workmen on such grounds.The services of the petitioners— who were engaged through outsourcing in different divisions of Uttarakhand Forest Department (Respondent)...