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2026 Supreme(Online)(UK) 2043



WPCRL No. 945 of 2026



Mr. Saurabh Kumar Pandey, learned counsel for the petitioners.


2. Mr. Manoj Bhatt, learned Brief Holder for the State of Uttarakhand.


Hon'ble Alok Mahra, J.


Advocates:
For the Appellants/Petitioners: Saurabh Kumar Pandey
For the Respondents: Manoj Bhatt

The court may grant interim protection against arrest where petitioners demonstrate a credible claim of being victims of the same financial fraud they are accused of facilitating, provided they cooperate with the ongoing investigation.

Headnote:The petitioners challenged an FIR alleging offenses under the Banning of Unregulated Deposit Schemes Act, 2019 and the Bharatiya Nyaya Sanhita, 2023, seeking to quash the proceeding on the ground that they were also aggrieved investors rather than perpetrators. The Court observed the complexities involved and directed the investigation to consider the prior complaint lodged by the petitioners against the same companies. Issues centered on whether the petitioners shared criminal liability for the misappropriation of funds or were themselves victims. The ratio decidendi established that where a prima facie case exists regarding the petitioners' dual status as victims and accused, temporary protection from arrest is warranted subject to active cooperation with the investigation. The Court granted an interim order restraining the arrest of the petitioners, pending further investigation and service of notice upon the third respondent.

3. By means of the present writ petition, the petitioners seek quashing of the impugned FIR dated 14.05.2026, registered as Case Crime No. 198 of 2026, under Sections 21 and 3 of the Banning of Unregulated Deposit Schemes Act, 2019 and Sections 318(4) and 61 of the Bharatiya Nyaya Sanhita, 2023, at Police Station Raipur, District Dehradun, qua the petitioners. The petitioners have also prayed that they may not be arrested in connection with the aforesaid case crime during the pendency of the present writ petition.

4. As per the allegations contained in the FIR, one Naveen Singh Negi introduced the complainant to Broad Way/Cross Market and Mine Cretic Companies and persuaded him to invest therein. It is alleged that the said person assured the complainant that the companies were genuine and were paying dividends at the rate of 5% to 10% per month. Acting upon such representations, the complainant invested money in the said companies. However, in October, 2025, it came to his knowledge that the companies had ceased operations and that the money invested by the complainant and other similarly situated persons had been misappropriated.

5. Learned counsel for the petitioners submits that the petitioners were themselves investors in the aforesaid companies and merely acted as agents. It is contended that the petitioners have also been duped by the companies, have derived no benefit therefrom, and have no role in the alleged offence.

6. It is further submitted that the petitioners had lodged a complaint before the Senior Superintendent of Police, Dehradun on 23.03.2026, wherein they had specifically averred that the money invested by them had also been misappropriated by the said companies.

7. On the previous occasion, the State was directed to obtain instructions regarding the action taken on the complaint submitted by the petitioners.

8. On instructions, learned State Counsel submits that the complaint submitted by the petitioners is also being investigated along with the FIR in-question.

9. Heard learned counsel for the parties and perused the record.

10. Having considered the submissions advanced and upon perusal of the material brought on record, this Court is of the view that the matter requires consideration.

11. Issue notice to respondent no. 3, returnable within one week. Steps shall be taken within one week.

12. List this matter after receipt of the service report.

13. In the meantime, counter-affidavit, if any, be filed by the State.

14. Till the next date of listing, as an interim measure, the petitioners shall not be arrested in connection with the aforesaid FIR, provided they cooperate with the investigation.

15. The Stay Application stands disposed of accordingly.

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