Anurag Uniyal vs State Of Uttarakhand And Others

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.

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.

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 by the aforesaid proceedings, applicant is before this Court.

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.

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.

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.

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.

The present C482 application is accordingly allowed and the F.I.R. and charge sheet of the case also stand quashed.