C482/1131/2022
2022 Latest Caselaw 2056 UK

                      Office Notes,
                   reports, orders or
SL.                 proceedings or
         Date                                     COURT'S OR JUDGES'S ORDERS
No                   directions and
                   Registrar's order
                    with Signatures
      08.07.2022                        C482 No. 1131 of 2022
                                        Hon'ble Alok Kumar Verma, J.

This is an application, filed under Section 482 of the Code of Criminal Procedure, 1973.

An application, under Section 156 (3) of the Code of Criminal Procedure, 1973 (hereinafter referred to as "the Code"), filed by the respondent no. 2, was rejected. The respondent no. 2 preferred a criminal revision. The said Criminal Revision (No.23 of 2022), "Niranjan Singh Vs. State of Uttarakhand and others" has been allowed. On 20.06.2022, the Revisional Court, while allowing the revision, has directed the concerned Magistrate to pass an order on the application, filed under Section 156 (3) of the Code, within ten days', giving an opportunity for hearing to the respondent no. 2.

Heard Mr. Abhishek Verma, learned counsel for the applicants, Mr. S.S. Adhikari, learned Deputy Advocate General for the State.

The learned counsel for the applicants submitted that according to the instructions, in compliance with the judgment of the Revisional Court, no order has been passed by the Magistrate so far.

The learned counsel appearing for the applicant submitted that the applicants are bonafide purchaser of the property. There are civil disputes with the respondent no. 2 regarding the boundaries of the properties, therefore, the present matter is civil in nature. Issue notice to the respondent no.

2. Steps to be taken within four days. List this matter on 06.08.2022. In the facts and circumstances of the case, the effect and operation of the judgment dated 20.06.2022, passed by the learned 2nd Additional Sessions Judge, Kashipur, District Udham Singh Nagar in Criminal Revision No. 23 of 2022, "Niranjan Singh Vs. State of Uttarakhand and others" are stayed till the next date of listing.

(Alok Kumar Verma, J.) 08.07.2022

AK/Pant