C482/540/2023
2023 Latest Caselaw 824 UK

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                                  C482 No. 540 of 2023
                                  Hon'ble Sharad Kumar Sharma, J.

Mr. Navnish Negi, Advocate, for the applicant.

Mr. Amit Bhatt, Deputy A.G., for the State of Uttarakhand.

It is argued by the learned counsel for the applicant, that an inter se dispute between the parties in relation to the immovable property stood initiated by virtue of Civil Suit No. 121 of 2011, which has attained finality till the decision was rendered in Second Appeal No.21 of 2019, by the judgment rendered by this Court on 14th August, 2019.

He contends, that the said judgment has attained the finality and has not been put to challenge before any superior Court. His further contention is, that in relation to the same subject matter, i.e. the property in dispute, the instant FIR has been registered by respondent No.2, herein, on 16th November, 2021, which is at a much belated stage, with an allegation about the forceful interference over the property, in question, and making effort to cut out the trees, which were standing on the disputed property.

The matter was investigated and, thereafter, a Chargesheet has been submitted by the Investigating Officer, on which, cognizance had been taken, resulting into the registration of Criminal Case No.2410 of 2022, State Vs. Vijaypal and others.

Looking to the nature of dispute, since it was merely a civil dispute, which had already attained finality with the decision rendered in the Second Appeal, and since the FIR has again been registered now in 2021, for the same set of allegations, with regard to the forceful interference over the property, in dispute, the right in relation to which, has already been decided by the Second Appellate Court. In fact, it is a civil dispute, which has ended, and which is once again given a lease of life by registering the said FIR.

Issue notices to respondent No.2. Steps would be taken by the applicant within a period of one week from today.

Respondent No.1 is represented by the Deputy A.G. He may file counter affidavit within a period of three weeks.

List this C482 Application, as soon as notices are served upon respondent No.2.

Till the next date of listing, the summoning order dated 18th November, 2022, so far it has been issued by the Court of Addl. Chief Judicial Magistrate, Pauri Garhwal, as against the present applicant, in Criminal Case No.2410 of 2022, would not be given effect to.

(Sharad Kumar Sharma, J.) Dated 27.03.2023 Shiv