SL. No Date Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures COURT’S OR JUDGES’S ORDERS 2026:UHC:574 WPCRL No.138 of 2026 Hon’ble Ashish Naithani, J. Mr. Arvind Kumar, learned counsel for the Petitioner. 2. Mr. Pradeep Lohani, learned Brief Holder for the State. 3. The present writ petition under Article 226 of the Constitution of India is filed by the Petitioner for issuance of a writ, order or direction in the nature of Mandamus directing the Respondent police authorities, particularly the Superintendent of Police, District Nainital and Investigating officer FIR no. 0405, to immediately serve the statutory notice under section 35(3) of BNSS, 2023 upon the respondent accused persons no. 5 and 6 to prevent to flee justice by leaving the country at their last location and in case of non-cooperation, immediately and without further delay arrest the respondent no. 5 and 6; prevent the respondent accused persons respondent no. 5 and 6 from fleeing the jurisdiction or making arrangements for absconding and further to direct the Investigating officer to expedite the investigation process and to file a charge-sheet in the said matter without further unnecessary delay. 4. Learned counsel for the petitioner submits that the Petitioner has approached this Court complaining of continued and deliberate inaction on the part of the respondent police authorities in FIR No. 0405 of 2024, despite repeated opportunities and specific judicial directions. 5. At the outset, it is pertinent to note that a Coordinate Bench of this Court in WPCRL No. 1305 of 2024, wherein the present respondent Nos. 5 and 6 were themselves the petitioners, had specifically directed the Investigating Officer to serve notice under Section 35(3) of the Bharatiya Nagarik Suraksha Sanhita, 2023. 6. However, the material placed on record reveals that the aforesaid direction of the Coordinate Bench has not been complied with till date, and no plausible explanation has been offered for such non-compliance. More than one year has elapsed, yet neither the statutory notice has been served nor has the investigation progressed in a meaningful manner. 7. The petitioner has further brought to the notice of this Court that respondent accused persons no.5 and 6 are about to flee the country, carrying with them fraudulently obtained funds, thereby posing a serious risk of absconding and frustrating the course of justice. The alleged loss involved is to the tune of ₹3,83,03,111/-, apart from the grave psychological trauma caused to the petitioner. 8. Prima facie, the conduct of the respondent accused persons, coupled with continued police inaction despite a binding judicial direction, gives rise to a reasonable apprehension of absconding. While this Court refrains from expressing any opinion on the merits of the allegations, this Court finds it imperative that preventive and protective directions should be issued against the private Respondents to ensure their presence and to safeguard the sanctity of the investigation. 9. The right to life under Article 21 of the Constitution of India encompasses the right to access justice and to a fair, effective, and timely investigation. Failure of the investigating machinery to comply with statutory obligations and judicial directions cannot be permitted to defeat the rule of law. 10. In these circumstances, this Court finds it appropriate to dispose of the writ petition with strict and enforceable directions, particularly in view of the imminent risk of the accused persons fleeing the country. 11. Accordingly, the writ petition is disposed of with the following directions:- i. The SSP, District Nainital and the Investigating Officer of FIR No.0405 of 2024 shall immediately serve the statutory notice under Section 35(3) of the Bharatiya Nagarik Suraksha Sanhita, 2023 upon respondent accused persons No. 5 and 6, through all permissible modes and without any further delay arrest the respondent nos. 5 & 6. ii. Respondent accused persons No. 5 and 6 shall not leave the territory of India without prior permission of the competent court having jurisdiction over the matter. iii. Respondent accused persons No. 5 and 6 shall deposit their passports, if any, with the Investigating Officer within 48 hours from the date of receipt of this order. In case they do not possess their respective passports, they shall file a sworn affidavit to that effect within the same period. iv. Respondent accused persons No. 5 and 6 shall appear before the Investigating Officer and cooperate with the investigation as and when required, and shall not evade or obstruct the investigative process in any manner. v. The Investigating Officer is further directed to expedite the investigation and to proceed towards filing of the charge- sheet without unnecessary delay, in accordance with law. vi. The Superintendent of Police, District Nainital, shall personally monitor compliance of the directions issued herein. (Ashish Naithani, J.) Vacation Judge 16.01.2026 Akash