Uttarakhand High Court
C528/1788/2026 of SUSHIL KUMAR Vs STATE OF UTTARAKHAND on 13 August 2026
SL. No. Date Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures COURT’S OR JUDGE’S ORDERS C528/1788/2026 Sushil Kumar --Applicant Versus State Of Uttarakhand --Respondent Hon’ble Rakesh Thapliyal, J. 1. Mr. Devesh
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Date
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or proceedings
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C528/1788/2026
Sushil Kumar
--Applicant
Versus
State Of Uttarakhand
--Respondent
Hon’ble Rakesh Thapliyal, J.
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1. Mr. Devesh Bishnoi, learned counsel for the applicant.
2. Mr. Himanshu Sain and Mrs. Meenakshi Sharma, learned A.G.A. for the State.
3. The instant petition is preferred by the present applicant ‘Sushil Kumar’ S/o Shri Ilam Chand for challenging the proceeding of Criminal Case No. 200 of 2021 arising out of First Information Report dated 31.05.2019 bearing FIR No. 0245 of 2019 P.S. Bhagwanpur, District Haridwar, which in fact was registered pursuant to an order passed on an application moved by the Bank under section 156(3) of Cr.P.C. In the proceeding, which is being challenged, the applicant have been summoned to face the trial for the offences punishable under sections 419, 420, 467, 468, 471 and 120B of IPC. The allegation is that the document, which was furnished for the purposes of taking loan, were found to be forged. The applicant and his mother both were implicated but unfortunately the mother of the applicant is no more and now the Trial Court proceeding is pending only against the present applicant.
4. In this particular case, the FIR was lodged on 31.05.2019, wherein, the charge-sheet was filed on 30.04.2020 and the applicant was summoned on 05.03.2021 and now the non bailable warrant is issued on 11.07.2026 and after issuance of non bailable warrant the proceeding is being challenged in the instant petition.
5. It appears that this petition has been filed only for the purposes of delaying the Trial Court proceeding, which is put on hold since 2021. The charge-sheet has been filed in the year 2020 and the cognizance was taken on 2021 and after issuance of non bailable warrant this petition is filed.
6. Prima-facie, this court is of the view that filing of this petition is an abuse of process of law. Now, for substantial justice, let the applicant surrender before the Trial Court within ten days from today and only till then the non bailable warrant issued against the applicant shall remain suspended.
7. It is further made clear that if the applicant failed to surrender within ten days from today then the Trial Court may proceed to execute the non bailable warrant against the applicant.
8. After surrender if the applicant is advised to move a discharge application, he can move such an application and if such an application is moved, the Trial Court may proceed and decide the same in accordance with law.
9. Subject to the observation and direction as above , the instant petition is dismissed.
(Rakesh Thapliyal, J.) 13.08.2026 PR