C528/284/2026
2026 Latest Caselaw 1521 UK

Uttarakhand High Court

C528/284/2026 on 25 February, 2026

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                               C528 No.284 of 2026
                               Hon'ble Alok Mahra, J.

Mr. Vaibhav Singh Chauhan, Advocate for the applicants.

Mrs. Pushpa Bhatt, Additional Advocate General and Mr. S.C. Dumka, A.G.A. for the State of Uttarakhand.

2. Learned counsel for the applicants submits that a bare perusal of the F.I.R. reveals that no prima facie offence under Sections 420, 120-B, 504, and 506 I.P.C. is made out against the applicants. The F.I.R. pertains exclusively to alleged siphoning of funds from M/s Kuber Global Syndicate--a partnership firm engaged in the trading of Indian Made Foreign Liquor comprising five named partners, none of whom include the applicants. He submits that a plain reading of the partnership deed unequivocally establishes that applicants are not partners to the firm's affairs. The entire edifice of the prosecution's case rests on unsubstantiated averments of fund misappropriation within the firm, in which the applicants hold no participatory role whatsoever.

3. Issue notice to respondent no.3, returnable at an early date.

4. List after service report is received. By that time, counter affidavit, if any, be filed.

5. Considering the submission advanced by learned counsel for the applicants, it is directed that, till the next date of listing, further proceedings of Criminal Case No.472 of 2021 pending in the Court of learned Ist Additional Chief Judicial Magistrate, Dehradun, shall remain stayed, qua the applicants.

6. Interim Relief Application (I.A. No.1 of 2026) stands disposed of.

(Alok Mahra, J.) 25.02.2026 Arpan