CRLR/507/2025
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Uttarakhand High Court

CRLR/507/2025 on 20 August, 2025

                     Office Notes,
                    reports, orders
SL.                 or proceedings
         Date                                          COURT'S OR JUDGES'S ORDERS
No                 or directions and
                   Registrar's order
                    with Signatures
      20.08.2025                       CRLR No. 507 of 2025
                                       Hon'ble Ashish Naithani, J.

Mr. Vikas Anand, learned counsel for the revisionist.

2. Mr. B. C. Joshi, learned A.G.A. assisted by Mr. Vijay Bhandari, learned Brief Holder for the State.

3. The present criminal revision under Section 438 & 442 of BNSS, 2023 is moved on behalf of the revisionist, Smt. Suman Mishra W/o Sh. Jai Kumar against the Respondents, Jai Kumar Upadhyaya S/o Late Jyoti Kumar, Neelam W/o Late Jyoti Kumar and Rashmi D/o Late Jyoti Kumar; the present criminal revision comes with the prayer to set-aside the impugned judgment and order dated 13.05.2025 passed by learned 1st Additional Session Judge, Kashipur, Udham Singh Nagar in Criminal Appeal No.128/2023, titled as "Mrs. Suman Mishra vs. Jai Kumar & Others", and the impugned order dated 31.10.2023 passed by learned Judicial Magistrate, Kashipur, District Udham Singh Nagar in Misc. Case No.56/2023, titled as "Smt. Suman Mishra vs. Jai Kumar Upadhyaya & others".

4. There is delay of 06 days in filing the present criminal revision.

5. Learned counsel appearing on behalf of the State does not oppose the prayer for condoning the delay.

6. Accordingly, Delay Condonation Application (IA No. 01 of 2025) stands allowed and the delay is hereby condoned.

7. Heard.

8. Admit.

9. Issue notice to the Respondent nos. 2 to 4, returnable within two weeks. Steps to be taken within one week.

10. Objections, if any, to be filed by the Respondents within a period of three weeks.

11. List this matter on 26.09.2025.

12. Till the next date of listing, the effect and operation of the impugned judgment and order dated 13.05.2025 passed by learned 1st Additional Session Judge, Kashipur, Udham Singh Nagar in Criminal Appeal No.128/2023, titled as "Mrs. Suman Mishra vs. Jai Kumar & Others", and impugned order dated 31.10.2023 passed by learned Judicial Magistrate, Kashipur, District Udham Singh Nagar in Misc. Case No.56/2023, titled as "Smt. Suman Mishra vs. Jai Kumar Upadhyaya & others", shall remain stayed.

13. Interim Relief Application (IA No.02 of 2025) stands disposed of accordingly.

(Ashish Naithani, J.) 20.08.2025 Akash