WPCRL/827/2022
2022 Latest Caselaw 1434 UK

       IN THE HIGH COURT OF UTTARAKHAND
                   AT NAINITAL


       THE ACTING CHIEF JUSTICE SRI SANJAYA KUMAR MISHRA
                                 AND
                JUSTICE SRI RAMESH CHANDRA KHULBE



           WRIT PETITION (CRIMINAL) NO. 827 OF 2022

                               09th MAY, 2022


 Between:

 Mustakeem                                              ......     Petitioner

 and

 State of Uttarakhand and others                        ...... Respondents


Counsel for the petitioner           :   Mr. B.D. Pande and Mr. Shakti
                                         Singh, learned counsel

Counsel for respondent State         :   Mr. J.S. Virk, learned Deputy
                                         Advocate General with Mr. Rakesh
                                         Kumar Joshi, learned Brief Holder
                                         for the State / respondent Nos. 1
                                         to 3

Counsel for respondent Nos. 4 to 9 : Mr. D.C.S. Rawat, learned counsel




 Upon hearing the learned Counsel, the Court made the
 following


 JUDGMENT:       (per the Acting Chief Justice Shri Sanjaya Kumar Mishra)




              Heard learned counsel for the parties.


 2)           There is a complete suppression of the fact

 that the petitioner has already approached the Civil

 Judge (Junior Division), Kashipur, District Udham Singh
                             2




Nagar, by filing a civil suit, and also an application for

interim injunction.


3)         Since the petitioner has already approached

the Civil Court for appropriate relief, and has suppressed

this fact before us, we are not inclined to entertain the

writ petition.


4)         The Criminal Writ Petition is dismissed.


5)         However, at the request of learned counsel for

the petitioner, the Civil Judge, Kashipur, is directed to

dispose of the application for interim injunction within a

period of seven days from the date of production of

certified copy of this Order.



                         ___________________________
                        SANJAYA KUMAR MISHRA, A.C.J.



                           _____________________
                           RAMESH CHANDRA KHULBE, J.

Dt: 09th MAY, 2022 Negi