C528/1281/2025
2025 Latest Caselaw 1459 UK

Uttarakhand High Court

C528/1281/2025 on 1 August, 2025

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                              C-528 No. 1281 of 2025

                              Hon'ble Ashish Naithani, J.

Mr. Raj Kumar Singh, learned counsel for the Applicant.

2. Mr. Vipul Painuly, learned A.G.A. for the State of Uttarakhand.

3. The present application under Section 528 of the Bharatiya Nagrik Suraksha Sanhita, 2023, has been filed by the Applicant-Aman Kumar against Respondent No.2-Mukesh Kumar, with a prayer to quash the order dated 01.07.2019, passed by learned Court of Chief Judicial Magistrate, District Dehradun in Misc. Application No. M-532/2019, "Aman Kumar vs. Mukesh Kumar" filed under Section 153(3) of Cr.P.C., Police Station Chowki Dhara, District Dehradun, in league with judgment and order dated 30.11.2023, passed by learned Court of Vth Additional Sessions Judge, Dehradun in Criminal Revision No. 221 of 2019, "Aman Kumar vs. State of Uttarakhand and Others".

4. Learned counsel for the Applicant submits that the present matter pertains to an Application filed on behalf of the Complainant/Applicant under Section 156(3) of the Cr.P.C., which was rejected by the learned Trial Court. The Applicant-Aman Kumar, son of Shri Rakesh Bothwal, and Respondent no. 2-Mukesh Kumar, son of the late Shri Karamchand, are relatives. It is further submitted that the fathers of the Applicant and Respondent no. 2 are real brothers.

5. The learned Trial Court held that the matter is a civil dispute and, on this basis, rejected the Application under Section 156(3) of the Cr.P.C. However, learned counsel for the Applicant contends that the matter clearly involves criminal intent, which is apparent on the face of the record, and therefore, it cannot be treated as purely civil in nature.

6. Admit.

7. List this case on 24.09.2025

8. Objections, if any, be filed in the meantime.

(Ashish Naithani, J.) 01.08.2025 Shiksha