2025:UHC:5660 HIGH COURT OF UTTARAKHAND AT NAINITAL Writ Petition Criminal No. 689 of 2025 03 July, 2025 Ajay Shankar Kaushik --Petitioner Versus State of Uttarakhand and Ors. --Respondents ---------------------------------------------------------------------- Presence:- Mr. Amish Tewari, learned counsel for petitioner. Mr. Bhaskar Chandra Joshi, learned A.G.A. for the State of Uttarakhand/respondent Nos.1 and 2. Mrs. Pushpa Joshi, learned senior counsel assisted by Mr. Yogesh Upadhyay, learned counsel for respondent No.3. Hon'ble Pankaj Purohit, J. Amendment Application (IA/2/2025) Today the matter is listed on Amendment Application (IA/2/2025), whereby, the petitioner wants to amend the memo of parties in array of respondents, wherein, inadvertently, instead of ‘Station House Officer, Kashipur, District Udham Singh Nagar’, ‘Station House Officer, Police Station Kotwali Dehradun, District Dehradun’ has been written. 2. Since, the amendment sought is quite formal in nature, therefore, there is no objection from the side of the respondents. 3. Accordingly, the Amendment Application (IA/2/2025) is allowed. 4. Let necessary amendment be incorporated during the course of day, by supplying the amended memo of writ petition. 1 2025:UHC:5660 WPCRL No.689 of 2025 5. By means of the present writ petition, petitioner has put to challenge the First Information Report No.0561 of 2023 dated 01.11.2023, for the offences punishable under Sections 420, 467, 468, 471 and 506 IPC, registered with P.S. Kashipur, District Udham Singh Nagar, lodged by the respondent No.3. 6. It is contended by learned counsel for the petitioner that the petitioner is Principal of the Govind Ballabh Pant Inter College, Kashipur, a non-government aided institution. Respondent No.3 has lodged the impugned FIR against the petitioner alleging the misappropriation of funds of Parents Teacher Association (PTA) as well as making his forged signature during meeting of PTA. 7. It is further submitted by learned counsel for the petitioner that the infraction alleged against the petitioner has been inquired by the Departmental Authorities by constituting a three-Member Committee and on the basis of said Committee’s report, the Regional Additional Director (Secondary Education), Kumaon Mandal, Nainital, vide order dated 13.06.2023 and Additional Director, Directorate, School Education, Dehraudn, consequential order dated 17.06.2023, has given clean chit to the petitioner regarding financial irregularities stating that after investigation, it was found that PTA fund was being managed in accordance with Rules and there were no financial irregularities found. 8. 8. Per contra, learned senior counsel for respondent No.3 vehemently argued that the alleged offence against the petitioner is serious enough and the first information report prima-facie make out a case 2 2025:UHC:5660 against the petitioner. She further argued that the FIR was of 01.11.2023 and the petitioner is approaching before this Court after a lapse of one and a half year. Apart from this, it has been brought to the notice of this Court that the clean chit, which was given by the aforesaid order dated 13.06.2023 and consequential order dated 17.06.2023, has been put to challenge by Pandit Govind Ballabh Pant Siksha Samiti, by moving a writ petition before this Court being WPMS No.1901 of 2023 Pandit Govind Ballabh Pant Siksha Samiti Vs. State of Uttarakhand and Others, and a Coordinate Bench of this Court vide order dated 04.07.2023 stayed the clean chit given in favour of the petitioner. 9. Having considered the rival submissions made by learned counsel for the parties and having gone through the entire material available on record, this Court is of the view that prima-facie, the case is made out against the petitioner, therefore, this Court does not want to interfere in the impugned FIR by exercising its discretionary jurisdiction under Article 226 of the Constitution of India. Accordingly, the present criminal writ petition is dismissed in-limine. 10. Pending application, if any, stands disposed of accordingly. (Pankaj Purohit, J.) 03.07.2025 PN 3 PREETI NEGI Digitally signed by PREETI NEGI DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND, 2.5.4.20=63c75a8c4765581180a58d7478fadbe38331b ac55c78b5f9f0276c16432f6aab, postalCode=263001, st=UTTARAKHAND, serialNumber=2BA53171893B3C3CB3CCCAE81FAE064 498483A83D84BDB0F9229D5BF08D959AC, cn=PREETI NEGI Date: 2025.07.04 16:21:51 +05'30'