Uttarakhand High Court
C528/213/2025 on 28 March, 2025
Author: Vivek Bharti Sharma
Bench: Vivek Bharti Sharma
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28.03.2025 C528 No.213 of 2025
Hon'ble Vivek Bharti Sharma, J.
Mr. Naveen Singh Bisht, learned counsel for the petitioner.
2. Mr. Deepak Bisht, learned Deputy Advocate General along with Mr. Devender Singh, learned Brief Holder for the State.
3. By means of the present C528 application, the applicant has put to challenge the summoning order dated 04.06.2024, Charge Sheet dated 01.06.2024 as well as entire proceedings pending before learned Special Sessions Judge, Rudrapur, Udham Singh Nagar, in S.S.T. No.422 of 2024, Uttarakhand State Vs. Anoop Kumar Chaudhary and others, under Sections 420 & 120-B of IPC and Section 3 of the Uttarakhand Protection of Interest of Depositors (in Financial Establishments) Act, 2005 at Police Station Khatima, District Udham Singh Nagar.
4. The challenge put by the petitioner / accused is mainly on the basis that F.I.R. was lodged by one of the Directors of the co-operative society, named as JKV Multi State Credit Co-operative Society Limited, to escape from his own liability and in order to shift the financial burden on others.
5. It is contended by learned counsel for the petitioner/accused that none of the investors in the society came forward to make a complaint.
6. It is further submitted by learned counsel for the petitioner that the petitioner has already resigned from the society in the year 2018 and whatever transaction is alleged that may have occurred after resignation of the petitioner/accused from the society.
7. In view of the submissions made by learned counsel for the petitioner/accused, this Court is of the considered view that the matter needs deliberation.
8. Issue notice to respondent no.2 through ordinary process and registered post, acknowledgement due as well as by email and WhatsApp, if available.
9. Steps to be taken within two weeks.
10. Learned counsel for the State seeks and is granted time to file counter affidavit.
11. List this case on 26.06.2025 along with connected matters.
12. Till the next date of listing, proceedings of S.S.T. No.422 of 2024, State Vs. Anoop Kumar Chaudhary & others (FIR No.329 of 2021), under Sections 120-B, 409, 420, 467 & 468 of IPC and Section 3 of Uttarakhand Protection of Interest of Depositors (in Financial Establishments) Act, 2005 pending in the court of learned Special Session Judge, Udham Singh Nagar, qua the petitioner, shall remain stayed.
(Vivek Bharti Sharma, J.) 28.03.2025 SS