C528/173/2026
2026 Latest Caselaw 754 UK

Citation : 2026 Latest Caselaw 754 UK
Judgement Date : 6 February, 2026

[Cites 2, Cited by 0]

Uttarakhand High Court

C528/173/2026 on 6 February, 2026

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                                     C-528 Petition No. 173 of 2026


      06.02.2026                     Hon'ble Siddhartha Sah, J.

Mr. Ketan Joshi, learned counsel for the applicants.

2. Ms. Pushpa Bhatt, learned Additional Advocate General, assisted by Mr. S.C.Dumka, learned AGA for the State.

3. By means of present Crl. Misc. Application, the applicants have prayed to quash the charge-sheet dated 28.02.2025 in Case Crime No. 1234 of 2023, summoning order dated 10.10.2025 and

of 2025, State vs. Uttarakhand vs. Ali Hasan and others, under Section 420 of IPC, pending in the Court of learned Judicial Magistrate-1, Roorkee, District Haridwar qua the applicants.

4. Learned counsel for the applicants has stated that the FIR has been lodged as a counter-blast to wreak personal vengeance and to pressurise the applicant no.1 so as to deter him from pursuing the case of cheque dishonour pending against the respondent no.2.

5. Counsel for the applicant has drawn the attention of the Court towards an order dated 21.03.2023, passed by learned Additional Chief Judicial Magistrate, Laksar, District Haridwar in Complaint No. 767 of 2022, wherein summoning order has been passed against the respondent no.2 Mohd. Gayyur. Counsel for the applicant thus pleaded that just as counter-blast of this summoning order, the FIR has been lodged against the applicants in pursuance to the order dated 21.03.2023.

6. Learned counsel for the State has opposed the said contention raised by the applicant.

7. Issue notice to the respondent no.2. Steps be taken within five days.

8. Counter affidavit be filed by the State within three weeks.

9. List on 09.03.2026.

10. In view of the above, as an interim measure, it is directed that the further proceedings of Criminal Case No. 954 of 2025, State vs. Uttarakhand vs. Ali Hasan and others, under Section 420 of IPC, pending in the Court of learned Judicial Magistrate-1, Roorkee, District Haridwar qua the applicant, shall remain stayed till the next date of listing.

11. Stay application (IA No. 1 of 2026) and the Urgency application (IA No. 2 of 2026) stand disposed of.

(Siddhartha Sah, J.) Vacation Judge 06.02.2026 Kaushal