[Cites 1, Cited by 0]
Uttarakhand High Court
WPCRL/1530/2025 on 20 February, 2026
Author: Rakesh Thapliyal
Bench: Rakesh Thapliyal
Office Notes, reports,
orders or proceedings
SL.
Date or directions and COURT'S OR JUDGES'S ORDERS
No
Registrar's order with
Signatures
WPCRL No. 1530 of 2025
Hon'ble Rakesh Thapliyal, J.
1. Mr. D.S. Patni, learned senior counsel assisted by Mr.
Dharmendra Barthwal, learned counsel for the petitioners.
2. Mr. Bhaskar Chandra Joshi, learned A.G.A. with Mr.
Vijay Khanduri, learned Brief Holder for the State.
3. Mr. Neeraj Garg and Mr. Amit Tyagi, learned counsel
for the caveator.
4. Mr. Neeraj Garg placed before this court the Hon'ble
Apex Court's order dated 02.02.2026 passed in Special
Leave to Appeal (Crl.) No. 1596 of 2026, which was
preferred against the order passed by this court in this
petition dated 09.12.2025 and the Hon'ble Apex Court
requests the High Court to dispose of the main matter on
that day or soon thereafter.
5. By order dated 09.12.2025 the Coordinate Bench
granted interim protection to the petitioners that they shall
not be arrested in connection with the impugned FIR,
however, they will cooperate with the investigation and
shall remain present as and when required for production
of documents and for recording their statements.
6. Mr. Neeraj Garg submits that this petition has been
filed by the petitioners by suppressing certain material facts.
He submits that the impugned FIR was registered on
14.09.2025 and thereafter both the petitioners approach to
the Sessions Court seeking anticipatory bail on 27.10.2025
and then the matter was posted by the Sessions Court on
14.11.2025 and on 14.11.2025 the prosecution undertakes
that till the next date they will not be arrested. He submits
that though the anticipatory bail application was pending
before the Sessions Court but without disclosing this fact
that they have filed the anticipatory bail application to the
Sessions Court, which is pending for consideration and the
prosecution gave an undertaking that they will not be
arrested the instant writ petition has been filed on
24.11.2025 in which the Coordinate Bench invited objection
on 26.11.2025 to the caveator to whom Mr. Neeraj Garg put
appearance. He submits that immediately therafter on
02.12.2025 an urgency application was moved with this
contention that the police is harassing them and there is an
apprehension of arrest and the urgency application came up
before the Bench on 09.12.2025 and on 09.12.2025 the
respondents were granted three weeks' time to file objection
and the matter is posted for today and for the time being the
petitioners have been given interim protection that they will
not be arrested provided they cooperate with the
investigation.
7. Mr. Neeraj Garg further pointed out that on
09.12.2025 the Coordinate Bench granted interim protection
and on the next date i.e. on 10.12.2025 the petitioners
withdrew their pending anticipatory bail application, which
was pending before the Sessions Court, copy of which is
enclosed at page 209 of the paper book. He submits that the
fact about filing an anticipatory bail application was
deliberately suppressed by the petitioners while filing this
petition, which is evident from the fact that on 09.12.2025
the interim protection was granted and on the next date
they withdrew the anticipatory bail application. He submits
that since the petitioners get the interim protection by
suppressing material facts, therefore, on the ground of
suppressing material facts the interim protection granted to
the petitioners has to be vacated.
8. In addition to this, he submits that he already filed
counter affidavit, however, in the matter of quashing of FIR
while entertaining the writ petition under Article 226 of the
Constitution of India only this aspect has to be seen whether
prima-facie offence is made out from the contents of the
FIR. Since admittedly the investigation was not stayed by
the High Court, which is evident from interim protection
granted by the Coordinate Bench on 09.12.2025 and there is
Hon'ble Apex Court's order to decide this matter, let this
matter be posted on 26.02.2026 along with WPCRL No. 1432
of 2025.
9. By that time the State may get the instructions about
the status of the investigation and while getting instructions
the State may also get the instructions whether the
companies namely Sai Ram Infra and Pratt & Whitney are
owned by different persons or by a single person.
10. By that time the petitioners may also file their
response to the objection of the respondent.
11. The interim order passed by the Coordinate Bench
shall continue in the meantime.
12. List this matter on 26.02.2026 along with WPCRL No.
1432 of 2025 immediately after fresh.
(Rakesh Thapliyal, J.)
20.02.2026
PR
