IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL

Criminal Writ Petition No. 391 of 2025

Amardeep Singh …Petitioner

Versus

State of Uttarakhand and others …Respondents

Presence: Mr. Lokendra Dobhal, learned counsel for the petitioner.

Mr. N. S. Kanyal, learned AGA for the State.

Mr. Vipul Sharma, learned counsel for respondent nos.5 & 6.

Hon’ble Ashish Naithani, J.

The present writ petition has been instituted by the Petitioner,

Amardeep Singh, aged about 60 years, Treasurer of Shri Gurunanak Shiksha Samiti, Rudrapur, District Udham Singh Nagar, under Article 226 of the Constitution of India, seeking issuance of an appropriate writ, order or direction commanding the Respondent authorities to conclude, in accordance with law, the investigation arising out of FIR No. 0552 of 2024 dated 05.11.2024, registered under Sections 120-B, 201, 417 and 420 IPC at Police Station Rudrapur, District Udham Singh Nagar, and to place the progress

report of such investigation before this Court.

2. The Petitioner asserts that he is a lifelong member and Treasurer of Shri Gurunanak Shiksha Samiti, a registered society which manages Shri Guru Nanak Girls Inter College, Rudrapur, District Udham Singh Nagar. The society maintains its bank account with Canara Bank, Rudrapur Branch, bearing Account No. 2543101006995, wherein its funds are deposited and operated for

institutional purposes.

3. It is the case of the Petitioner that, during the period between 01.05.2021 and 01.12.2022, several withdrawals were made from the aforesaid society account through a series of cheques, allegedly in collusion by the then office bearers of the society and certain bank officials. The Petitioner states that the withdrawals were predominantly made through self-cheques rather than by issuing cheques in the names of the concerned payees, resulting, according to him, in unauthorised diversion of society funds, which came to light upon scrutiny of the bank statements.

4. Upon noticing the alleged irregularities, the Petitioner submitted a written complaint dated 18.08.2023 before the Station House Officer, Police Station Rudrapur, District Udham Singh Nagar, with copies to the higher police authorities, narrating the alleged misappropriation of the funds of the society and requesting registration of a criminal case. No FIR was registered pursuant to the said complaint at that stage.

5. On the basis of the said complaint, an inquiry was conducted under the directions of the Senior Superintendent of Police, Udham Singh Nagar, by the Superintendent of Police, Rudrapur, who recorded the statements of the Petitioner and the persons named, examined the relevant documents and submitted a report dated 26.07.2024. In the said report, certain withdrawals through various cheques and the extent of the alleged financial irregularities were noticed, while also observing limitations in the supporting material then produced, and it was indicated that the matter warranted appropriate examination through formal investigation.

6. Thereafter, the Petitioner moved an application under Section 156(3) CrPC before the court of the Additional Chief Judicial Magistrate, Rudrapur, seeking a direction for registration of an FIR and for investigation into the alleged misappropriation. By order dated 24.10.2024, the learned Magistrate allowed the application and directed the Station House Officer, Kotwali Rudrapur, to register an FIR on the basis of the complaint and to undertake an investigation. It was further directed that, if the arrest of any accused were considered necessary, the Investigating Officer would ensure compliance with the provisions of Sections 41, 41A and 41B Cr.PC.

7. In compliance with the aforesaid order passed under Section 156(3) CrPC, FIR No. 0552 of 2024 came to be registered on 05.11.2024 at Police Station Rudrapur, under Sections 120B, 201, 417 and 420 IPC, against the persons named therein, in respect of the alleged embezzlement and diversion of the funds of Shri Gurunanak Shiksha Samiti.

8. The P