Biswas vs State Of Uttarakhand And
2023 Latest Caselaw 2338 UK

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                                      C482 No. 1666 of 2023
                                      Hon'ble Pankaj Purohit, J.

Mr. Anand Kumar Pandey, learned counsel for the applicant.

2. Ms. Lata Negi, learned Brief Holder for the State of Uttarakhand.

3. Heard learned counsel for the parties.

4. By means of this C-482 application, the applicant has challenged the order dated 04.08.2023 passed in Criminal Revision No. 100 of 2022, "Smt. Kamla Biswas Vs. State of Uttarakhand and others", whereby the learned First Additional Sessions Judge, Rudrapur, Udham Singh Nagar has stayed the orders dated 23.02.2022 and 23.07.2022 and the revision was kept pending.

5. During the pendency of aforesaid revision, an application has been moved by the private respondent, wherein it has been contended by her that in the revision learned Revisional Court has stayed both the proceedings of 145 Cr.P.C. as well as 146(1) of Cr.P.C. This fact was repelled by the applicant, by filing an application on 22.07.2022 before SDM, Rudrapur, Udham Singh Nagar in reply to the application moved by the private respondent and clarified that by the learned Revisional Court, the proceeding under Section 145 Cr.P.C. has not been stayed.

6. On this assertion made by the applicant, SDM, Rudrapur, Udham Singh Nagar has passed an order on 23.07.2022, whereby the learned Magistrate has stated that till the disposal of the proceedings

under Section 145 Cr.P.C., both the parties are restrained from entering into the land-in-dispute.

7. This order passed by the SDM, Rudrapur, Udham Singh Nagar has been stayed by the impugned order in the same Criminal Revision No. 100 of 2022, "Smt. Kamla Biswas Vs. State of Uttarakhand and others".

8. It is submitted by learned counsel for the applicant that the order passed under Section 146(1) Cr.P.C. is not revisable as this order is interlocutory in nature and therefore, the order passed by the learned Sessions Judge is against the law.

9. Per contra, learned State Counsel made a feeble attempt to support the judgment and order passed by the learned First Additional Sessions Judge, Rudrapur, Udham Singh Nagar, but, it was also agreeable to her that the order passed under Section 146 (1) Cr.P.C. is interlocutory order.

10. Issue notice to private respondent, returnable within a period of six weeks.

11. Steps be taken within a week.

12. List on 20.10.2023.

13. In the meantime, the impugned order dated 04.08.2023 is hereby stayed to the extent it stays the order dated 23.07.2022.

(Pankaj Purohit, J.) 19.08.2023 PN/-