[Cites 1, Cited by 0]
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
proceedings
or directions
and
Registrar's
order with
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
