Uttarakhand High Court
Unknown vs Kamendra on 25 March, 2026
Office Notes,
reports, orders or
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No Date COURT'S OR JUDGES'S ORDERS
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Registrar's order
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C-528 No. 474 of 2026
Hon'ble Alok Mahra, J.
Mr. B.S. Kathayat, learned counsel for the applicant.
2. Mr. S.C. Dumka, learned A.G.A. alongwith Mr. Deepak Bhardwaj, learned Brief Holder for the State.
3. The present criminal misc. application is filed with a prayer to set-aside the chargesheet, summoning/cognizance order as well as the entire proceedings of Criminal Case No. 198 of 2025, State Vs. Kamendra Singh, under Sections 115(2), 352 and 351(2) of BNS, pending in the court of learned ACJM, Laksar, District Haridwar.
4. The case of the applicant is that the complainant i.e. respondent no. 3 is the mother-in-law of the real sister of applicant. The sister of the applicant was married to the son of the complainant in the year 2008. Thereafter, a son was also borne out of the wedlock, but, soon thereafter, marital discord occurred between the son and daughter-in- law of the complainant. The daughter-in-law i.e. sister of the applicant has filed several complaints in which FIR was lodged under Sections 498-A, 323 and 506 IPC and 3/4 of Dowry Prohibition Act in which chargesheet was filed against the complainant Smt. Omwati and her husband. Besides this, there are several litigations going on between them under Protection of Women from Domestic Violence Act and Section 125 Cr.P.C.
5. Learned counsel for the applicant submits that there are several litigations going on between sister of the applicant and her in-laws i.e. complainant's family. Applicant is the witness in the above cases filed by his sister, therefore, as a counter- blast, this false and fabricated case is lodged by the complainant and after investigation, chargesheet has also been filed in the matter.
6. This Court finds some substance in the submission made by learned counsel for the applicant and having heard the submission, under the facts and circumstances of the case, this Court is of the view that this matter definitely requires deliberation.
7. Issue notice to respondent no. 3, returnable within three weeks. Steps to be taken within a week.
8. List after service report is received.
9. In the meantime, counter-affidavit(s), if any, be filed by the respondents.
10. After perusing the records and having heard learned counsel for the parties, this Court, prima facie, is of the opinion and is satisfied that in the interest of justice, further proceedings of Criminal Case No. 198 of 2025, State Vs. Kamendra Singh, under Sections 115(2), 352 and 351(2) of BNS, pending in the court of learned ACJM, Laksar, District Haridwar, shall remain stayed qua the applicant till the next date of listing.
(Alok Mahra J.) 25.03.2026 Ujjwal