Research › Search › Judgment

High Court of Uttarakhand · body

2025 DAILYLAW 4099 (UTT)

ANURAG UNIYAL v. STATE OF UTTARAKHAND

C482/460/2024 · 2025-06-04

Pankaj Purohit

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

HIGH COURT OF UTTARAKHAND AT NAINITAL Criminal Misc. Application U/s 482 No.460 of 2024 04th June, 2025 Anurag Uniyal ……Applicant Versus State of Uttarakhand and others …………Respondents --------------------------------------------------------------------- Presence:- Mr. V.B.S. Negi, learned Senior Advocate assisted by Ms. Azmeen Wason, Advocate for the applicant. Mr. S.S. Chauhan, D.A.G. with Mr. Vikas Uniyal, B.H. for the State. Mr. Himanshu Luthra, Advocate for respondent nos.2 to 8, through video conferencing. ---------------------------------------------------------------------- Hon'ble Pankaj Purohit, J. By means of the present C482 application, the applicant has put to challenge the entire proceedings of Criminal Case No.408 of 2022, State Vs. Anurag Uniyal, pending in the court of learned Judicial Magistrate Ist Class, Srinagar Pauri-Garhwal under Section 420 of IPC with a further prayer to quash the summoning and cognizance order dated 21.11.2022, passed by learned Magistrate. 2. The applicant is a travel agent, who runs a travelling agency in name and style of Rishikesh Vibes Tour at Rishikesh. F.I.R.s’ were lodged by respondent nos.2 to 8 against the applicant under Section 420 of IPC on the ground that applicant took money from respondent nos.2 to 8, who are foreign nationals, for organizing their tour to India. 3. After investigation charge sheet has been submitted and cognizance was taken by learned Judicial Magistrate, Srinagar, Pauri-Garhwal and summons were issued against the sole applicant. Thus feeling aggrieved 1 by the aforesaid proceedings, applicant is before this Court. 4. Learned counsel for respondent nos.2 to 8 has stated that the entire amount involved in the present case along with compensation has been transferred to his personal account by the applicant wherefrom the said amount has been sent separately to respondent nos.2 to 8. 5. Learned Senior counsel for the applicant submits that the reason for not organizing the tour was in the wake of COVID-19 and, therefore, he has already returned money along with compensation which is in receipt of respondent nos. 2 to 8 in their own name. 6. Since the money involved in the present C482 application has been paid to respondent nos.2 to 8, therefore, nothing remains to be decided in the present C482 application. 7. In view of the said fact and circumstances, the entire proceedings of Criminal Case No.408 of 2022, State Vs. Anurag Uniyal, pending in the court of learned Judicial Magistrate Ist Class, Sringar, Pauri-Garhwal under Section 420 of IPC are hereby quashed. The summoning and cognizance order dated 21.11.2022, passed by learned Magistrate shall stand quashed. 8. The present C482 application is accordingly allowed and the F.I.R. and charge sheet of the case also stand quashed. (Pankaj Purohit, J.) 04.06.2025 SK 2