Uttarakhand High Court
WPCRL/334/2026 on 19 February, 2026
Author: Rakesh Thapliyal
Bench: Rakesh Thapliyal
SL. Office Notes,
No. Date reports,
orders or COURT'S OR JUDGE'S ORDERS
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or directions
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Registrar's
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Signatures
WPCRL No. 334 of 2026
Hon'ble Rakesh Thapliyal, J.
1. Mr. D.K. Sharma, learned Senior Advocate assisted by Mr. Anoop Jaiswal, learned counsel for the petitoiners.
2. Ms. Sweta Badola Dobhal, learned Brief Holder for the State.
3. By the instant writ petition, preferred under Article 226 of the Constitution of India, the petitioners Dr. Atul Pandey and his wife Dr. Richa Pant are praying for quashing of FIR dated 08.02.2026, bearing FIR No. 56 of 2026, registered at P.S. Sitarganj District U.S.Nagar wherein both of them have been implicated by the respondent/complainant for the offence punishable under Section 316 (3) BNS 2023.
4. It is argued by the learned counsel for the petitioners that with malafide intent the impugned FIR has been lodged since earlier to this, the petitioners moved an application under Section 175(3) of BNSS 2023 on 17.09.2025 on which FIR was registered against the respondent/ complainant on 13.02.2026, bearing FIR No. 65 of 2026 at P.S. Sitarganj District U.S. Nagar wherein respondent/ complainant along with four others Abdul, Azam, Riyaz and Dipti were implicated for the offences punishable under Section 115(2), 351(3) and 352 of BNS 2023.
6. It is contended by the learned senior counsel for the petitioners that at earlier point of time the petitioners moved an application under Section 175(3) of BNSS, i.e. on 17.09.2025 and in the counter blast the respondent/complainant also moved an application under Section 175(3) of BNSS 2023 on 27.01.2026 on which the impugned FIR has been lodged. Apart from this he submits that in fact allegations as alleged are purely civil in nature since agreement was entered in between petitioners and respondent/ complainant that both the petitioner will perform their duties in the hospital run by respondent no. 3. While they were discharging their duties in the hospital of the respondent/ complainant some amount was collected which was credited in the account of Hospital but with some ulterior purpose respondent no. 3 freezed the account and subsequently petitioners approached the Commercial Court and the matter is pending for consideration before the Commercial Court.
7. Issue notice to respondent no. 3.
8. Steps within a week.
9. Let the respondents may file counter affidavit within four weeks. Two weeks thereafter is granted to the petitioners to file rejoinder affidavit.
10. After hearing the argument of the learned counsel for the parties and taking into consideration that ,prima facie, the allegation as alleged appears to be civil in nature and furthermore the impugned FIR has been lodged as a counter blast to the application moved by the petitioners under Section 175(3) of BNSS 2023, this Court is of view that both the petitioners deserve for interim protection.
11. List on 08.04.2026.
12. In the meantime, let the investigation may go on, however, the petitioners shall not be arrested provided they cooperate with the investigation.
(Rakesh Thapliyal, J.) 19.02.2026 Parul