Uttarakhand High Court

C528/648/2025 on 15 May, 2025

Author: Vivek Bharti Sharma

Bench: Vivek Bharti Sharma

                  Office Notes, reports,
SL
                  orders or proceedings
.
No
        Date        or directions and                         COURT'S OR JUDGE'S ORDERS
                  Registrar's order with
.
                        Signatures
     15.05.2025                            C-528 No. 648 of 2025

                                           Hon'ble Vivek Bharti Sharma, J.

Mr. Harshit Dhingra along with Mr. Sagar Kothari, learned counsel for the petitioner.

2. Mr. Akshay Latwal, learned A.G.A. along with Mr. Prabhat Kandpal, learned Brief Holder for the State.

3. This petition is filed to quash the impugned order dated 24.03.2025 passed by learned Civil Judge (Junior Division)/Judicial Magistrate Narendra Nagar, Tehri Garhwal in Criminal Case No. 907 of 2022 as well as the impugned judgment and order dated 08.05.2025 passed by learned Sessions Judge, Tehri Garhwal in Criminal Revision No. 06 of 2025.

4. Learned counsel for the petitioner would submit that the petitioner was an employee in the Company of respondent no.2/claimant; that, due to the fiduciary relationship between the petitioner and respondent no.2/complainant, the petitioner/accused trusted the respondent no.2/complainant without knowing that the respondent no.2/complainant was conspiring against her with nefarious design to usurp the hard earned property of the petitioner/accused.

He would further submit the petitioner/accused is originally from State of Andhra Pradesh and she does not understand the papers written in Hindi.

5. Learned counsel for the petitioner/accused would further submit the petitioner is innocent and she has falsely been implicated in the instant crime; that, the respondent no.2/complainant has a criminal history of cheating people, for which various criminal cases of fraud, forgery and cheating are also pending against him; that, the respondent no.2/complainant had a family business of real estate; that, the respondent no.2 has maliciously got registered the F.I.R. against the petitioner, therefore, the entire proceedings of the criminal case are liable to be quashed.

6. Learned State counsel seeks time to file detailed counter affidavit in the matter.

7. Issue notice to respondent no.2 through ordinary process and registered post acknowledgment due as well as through e-mail and whatsapp, if available.

8. Steps to be taken within three weeks.

9. List this case on 09.06.2025 for hearing on admission.

10. Till the next date of listing, the further proceedings Criminal Case No. 907 of 2022 pending in the court of learned Civil Judge (Junior Division)/Judicial Magistrate Narendra Nagar, Tehri Garhwal shall remain stayed.

11. In the meantime, learned counsel for respondent no.2 may file counter affidavit, if served.

(Vivek Bharti Sharma, J.) 15.05.2025 Mamta