C482/1847/2023
2023 Latest Caselaw 2761 UK

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                                     C482 No.1847 of 2023
                                     Hon'ble Sharad Kumar Sharma, J.

Mr. Nalin Saun, Advocate, for the applicants.

Mr. V.K. Gemini, D.A.G. for the State of Uttarakhand.

An issue emanating from the FIR No.03 of 2022, as it was registered by the respondent no.2, by naming the accused persons, therein, which included Mr. Rajesh Kakkar and Mr. Amit Sharma, and other persons, which had travelled before this Court in C482 No.753 of 2022, "Brigadier (Retd.) Rajesh Kakkar Vs. State of Uttarakhand and others", which was adjudicated by this Court by the judgment of 18.03.2023, holding thereof, that since it absolutely happens to be a civil dispute, the C482 application is not required to be ventured into on merits in the light of the ratio laid down by the Hon'ble Apex Court in the light of the judgment of "State of Haryana and others Vs. Bhajan Lal" as referred to in the said judgment The judgment as rendered by this Court on 18.03.2023, has been affirmed by the Hon'ble Apex Court in SLP (Crl.) No.6692 of 2023, "Anup Singh Vs. Brigadier (Retd.) Rajesh Kakkar and another", whereby the SLP has been dismissed by the judgment of 07.07.2023.

The institution of the present C482 application by the present applicants would be nothing, but rather an attempt which has been made to override the affect of the judgment as already decided by this Court on 18.03.2023, and that too, particularly in the light of the fact that when the parties were already under civil litigation in Suit No.839 of 2020, "Anup Singh Vs. Rajesh Kakkar", and Suit No.35 of 2022, "Anup Singh Vs. Rajesh Kakkar".

If at all, there is any right of the applicants, which is being prejudiced, the appropriate recourse available for the applicants would be, to get their scores settled by seeking themselves to be impleaded in the civil suits, and to get their rights decided qua the property which is the subject matter, therein, but not by way of filing of the C482 application, which would be having an overriding affect to the judgment rendered by this Court, and later on affirmed by the Hon'ble Apex Court.

In fact the C482 application is nothing but intended to give a civil dispute a colour of a criminal nature, which is not sustainable in the eyes of law. Thus, the C482 application lacks merit, and the same is accordingly dismissed.

(Sharad Kumar Sharma, J.) 20.09.2023 NR