Dismissed¶3

Shashi Verma v. Vinay Tyagi

Uttarakhand HC3 Jul 2026C528/1433/2026

Case brief

AI extract

What is this about?

Quashing of non-bailable warrant; petition dismissed as withdrawn with liberty; Complaint Case No. 354 of 2025; Trial Court presence undertaking; liberty to take all defence pleas including maintainability; no-prejudice preservation clause; Shashi Verma versus Vinay Tyagi; Rakesh Thapliyal, J.; 03.07.2026.

What did the court decide?

Petition dismissed as withdrawn with liberty; non-bailable warrant issued against the applicant quashed, subject to her ensuring presence before the Trial Court on the next date fixed; applicant at liberty to take all defence pleas including maintainability, to be dealt with by the Trial Court in accordance with law; dismissal will not prejudice future agitation of the issue before this court. ¶3

Shashi Verma Vs Vinay Tyagi — Uttarakhand HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the non-bailable warrant issued against the applicant in connection with Complaint Case No. 354 of 2025 should be quashed. +1 more

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Court's answer

The non-bailable warrant issued against the applicant is quashed, subject to the direction that the applicant shall ensure her presence on the next date fixed before the Trial Court (fixed tomorrow).

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Ratio / Principle

Since counsel for the applicant sought permission to withdraw the instant petition with the liberty sought, the petition is dismissed as withdrawn.

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Key takeaways

The applicant is at liberty to take all defence pleas, including with regard to the maintainability of the proceeding before the Trial Court; if such a plea is taken, the Trial Court shall deal with the same in accordance with law.ratio¶3
Dismissal of this petition will not prejudice the applicant's right to agitate the issue before this court if and when such a situation arises.ratio¶3

Detailed headnote1 paragraphs

Uttarakhand High Court, single judge (Hon'ble Rakesh Thapliyal, J.), decided 03.07.2026 — With counsel for applicant Shashi Verma seeking withdrawal of the petition with liberty to contest the proceedings of Complaint Case No. 354 of 2025, the petition is dismissed as withdrawn. The non-bailable warrant issued against the applicant is nonetheless quashed, subject to the condition that she ensure her presence before the Trial Court on the next date fixed (the following day). The applicant is expressly permitted to take all defence pleas, including regarding the maintainability of the proceeding before the Trial Court, which the Trial Court is to deal with in accordance with law. It is made clear that the dismissal will not prejudice the applicant's right to agitate the issue before this court if and when such a situation arises.

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UKHC010113582026

¶2

2026:UHC:5341

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SL. No.	Date	Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures	COURT’S OR JUDGE’S ORDERS
			C528/1433/2026 Shashi Verma --Applicant Versus Vinay Tyagi --Respondent Hon’ble Rakesh Thapliyal, J. 1. Mr. Manish Lohani, learned counsel for the applicant. 2. Learned counsel for the applicant submits that since now the non bailable warrant has been issued and the applicant want to contest the proceeding of Complaint Case No. 354 of 2025, therefore, the non bailable warrant be quashed. 3. He further submits that the applicant may be given liberty to take all plea in the Trial Court proceeding. 4. In such view of the matter, since the counsel for the applicant is seeking permission to withdraw the instant petition with the liberty as above, the instant petition is dismissed as withdrawn and the non bailable warrant issued against the applicant is quashed subject to the direction that the applicant shall ensure her presence on the next date fixed before the Trial Court, which is fixed tomorrow. 5. It is further made clear that the applicant is at liberty to take all defence plea even with regard to the maintainability of the proceeding before the Trial Court and if such a plea is taken by the applicant, the Trial Court shall dealt with the same in accordance with law. 6. It is made clear that dismissal of this petition will not prejudice the right of the present applicant to agitate the issue before this court if and when such a situation arise. (Rakesh Thapliyal, J.) 03.07.2026 PR

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UKHC010113582026

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2026:UHC:5341

Shashi Verma v. Vinay Tyagi

Case brief

What is this about?

What did the court decide?

Shashi Verma v. Vinay Tyagi

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

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