Uttarakhand High Court
Kapil Dev Rathi vs State Of Uttarakhand on 28 July, 2026
Author: Rakesh Thapliyal
Bench: Rakesh Thapliyal
Office
Notes,
reports,
orders or
proceedings
SL.
Date or COURT'S OR JUDGE'S ORDERS
No.
directions
and
Registrar's
order with
Signatures
UKHC010127462026
C528/1577/2026
Kapil Dev Rathi
--Applicant
Versus
State Of Uttarakhand
--Respondent
Hon'ble Rakesh Thapliyal, J.
1. Mr. Ramji Srivastava, learned counsel for the
applicant.
2. Mrs. Meenakshi Sharma and Mr. Himanshu
Sain, learned A.G.A. for the State.
3. By the instant petition the applicants are
challenging the proceeding of Special Session Trial No.
12 of 2025 ‘State vs. Kapil Dev Rathi and Another’,
wherein, the applicants have been summoned to face
the trial for the offences punishable under sections 406,
420 of IPC r/w section 4/5 of The Prize Chits and
Money Circulation Schemes (Banning) Act, 1978, and
section 4/22 of The Banning of Unregulated Deposit
Schemes Act 2019 as well as section 3 of The
Uttarakhand Protection of Interests of Depositors (In
Financial Establishments) Act, 2005.
4. On the previous date the argument was
advanced by the learned counsel for the applicant that
both the offences punishable under section 406 and 420
of IPC cannot be co-existed and both the offences are
distinct and are independent and, therefore, the
proceeding is bad in law.
5. In support of his argument, he placed reliance to
a judgment of the Hon’ble Apex Court in the case of
Arshad Neyaz Khan vs. State of Jharkhand and
Another 2025 INSC 1151.
6. On the previous date, the State was directed to
examine this judgment and today Mrs. Meenakshi
Sharma, learned A.G.A. fairly submits that both the
offences are distinct and independent and cannot co-
exist; however, she submits that she will file a counter
affidavit.
7. Issue notice to respondent no. 2.
8. Steps be taken within a week.
9. Let the respondent may file their counter
affidavit within three weeks.
10. One week thereafter is granted to the applicants
to file rejoinder affidavit.
11. List this matter on 01.09.2026.
12. In the meantime, the further proceeding of
Special Session Trial No. 12 of 2025 pending in the
court of Special Judge, BUDS Act/First Addl. District
and Session Judge, Dehradun, shall remain stayed.
(Rakesh Thapliyal, J.)
28.07.2026
PR
