C528/785/2025 on 16 July, 2025

Uttarakhand High Court

C528/785/2025 on 16 July, 2025

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                              C-528 No. 785 of 2025

                              Hon'ble Ashish Naithani, J.

Mr. Amit Kapri, learned counsel for the Applicant.

2. Mr. Vipul Painuli, learned A.G.A. for the State of
Uttarakhand.

3. There is no representation on behalf of Respondent
No. 2. The service report in respect of Respondent No. 2 is
not found to be sufficient.

4. The present Application under Section 528 of the
Bharatiya Nagarik Suraksha Sanhita, 2023, has been filed
for quashing of the summoning order dated 25.04.2025 and
the further proceedings of Case Crime No. 250 of 2021
(Sessions Trial No. 07 of 2022) for the offence punishable
under Sections 420, 406, 504, 506 and 120B IPC and under
Section 3 of the Uttarakhand Protection of Interests of
Depositors (In Financial Establishments) Act, 2005,
registered at Police Station Thanna Kotwali, Pithoragarh,
District Pithoragarh, pending in the Court of learned
Sessions Judge, Pithoragarh.

5. Admit.

6. Applicant is directed to take fresh steps for service
upon Respondent No. 2.

7. The Delay in filing the counter affidavit is condoned.
The Delay Condonation Applicaiton is allowed. The counter
affidavit, filed on behalf of the State, is taken on record.

8. List this case on 09.09.2025.

9. As an interim measure, it is directed that till the next
date of listing, the further proceedings of Case Crime No.
250 of 2021 (Sessions Trial No. 07 of 2022) for the offence
punishable under Sections 420, 406, 504, 506 and 120B IPC
and under Section 3 of the Uttarakhand Protection of
Interests of Depositors (In Financial Establishments) Act,
2005, registered at Police Station Thanna Kotwali,
Pithoragarh, District Pithoragarh, pending in the Court of
learned Sessions Judge, Pithoragarh shall remain stayed
qua the present Applicant only.

10. Stay Application (IA No. 01 of 2025) stands disposed
of accordingly.

(Ashish Naithani, J.)
16.07.2025
Shiksha