Manoj Saini v. State of Uttarakhand

IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL

THE HON'BLE SRI JUSTICE ALOK KUMAR VERMA

31ST OCTOBER, 2025

CRIMINAL MISCELLANEOUS APPLICATION NO.1806 of 2025

Manoj Saini

.....Applicant Versus

State of Uttarakhand and Another ..…Respondents

Counsel for the Applicant : Mr. Harshpal Sekhon,

Advocate.

Counsel for the Respondent : Mrs. Sweta Badola No.1

Dobhal, Brief Holder.

Counsel for the Respondent : Mr. Basant Singh, No.2/informant-victim

Advocate.

Hon'ble Alok Kumar Verma,J.

The present Application has been filed under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 by the applicant-Manoj Saini for quashing the entire proceedings of Sessions Trial No.160 of 2025, pending before the court of IInd Additional Sessions Judge, Rudrapur, District Udham Singh Nagar under Sections 111, 318(4) read with Section 3(5) of the Bharatiya Nyaya Sanhita, 2023.

2.

Applicant-accused Manoj Saini is in judicial custody.

3.

Heard Mr. Harshpal Sekhon, learned counsel for the applicant, Mrs. Sweta Badola Dobhal, learned Brief Holder for respondent no.1 and Mr. Basant Singh,

learned counsel for the respondent no.2/informant-victim.

4.

According to the prosecution, the informant had an account in the State Bank of India, Branch Rudrapur, District Udham Singh Nagar. A sum of Rs.54,999.99 was withdrawn from his account by the unknown persons. The First Information Report was registered on 29.05.2025. Charge-sheet has been filed against seven persons including the present applicant.

5.

The respondent no.2 is present through video conferencing. He is identified by Mr. Basant Singh, Advocate.

6.

According to Mr. Harshpal Sekhon, Advocate and the respondent no.2-informant, the applicant was a proprietor of "Uttarakhand Darshan". In the dealing of packages for Tours and Travels, the informant himself through his UPI deposited the said amount from his bank account into the bank account of the applicant, but, due to some mistakes, the First Information Report was lodged.

7.

The respondent no.2 has requested to quash the entire proceedings of the said Sessions Trial No.160 of 2025.

8.

The said request has been opposed by the respondent no.1 on the ground that the said offences

are non-compoundable.

9.

Considering the totality of the matter, this Court is of the view that ends of justice would be met if the entire proceedings of Sessions Trial No.160 of 2025, pending before the court of IInd Additional Sessions Judge, Rudrapur, District Udham Singh Nagar, are quashed qua the applicant-Manoj Saini.

¶10Resultantly, the present Application, filed under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, is allowed and the entire proceedings of Sessions Trial No.160 of 2025, pending before the court of IInd Additional Sessions Judge, Rudrapur, District Udham Singh Nagar, are hereby quashed qua the applicant-Manoj Saini.

¶11The applicant-Manoj Saini is presently lodged in Sub-Jail, Haldwani. He shall be released forthwith from custody, if not required in any other criminal case.

¶12Let a copy of this order be sent to the concerned Officer of Sub-Jail, Haldwani for information and necessary compliance.

___________________

ALOK KUMAR VERMA, J.

Dt:31.10.2025 Neha NEHA BISHT DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND,

2.5.4.20=6f1c15b6305912b3f008e9a4a803 8ee7326b08b2dtie018b01be753f014836d 27, postalCode=263001, st=UTTARAKHAND, serialNumber=3D89DC33779FB96770684 52F32DE6BA960BFE64D819EE44CA9CCE4 87B2FE0F92, cn=NEHA BISHT Date: 2025.10.31 19:18:23 +05'30'