Uttarakhand High Court

C528/1028/2025 on 10 July, 2025

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                              C-528 No. 1028 of 2025

                              Hon'ble Ashish Naithani, J.

Mr. T.A. Khan, learned Senior Advocate assisted by Mr. Mohd. Shafy, learned counsel for the Applicant.

2. Mr. Akshay Latwal, learned A.G.A. for the State of Uttarakhand.

3. The present application, filed under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, seeks relief against the judgment and order dated 16.05.2025, passed by the learned Ist Additional Sessions Judge, Udham Singh Nagar, in Criminal Revision No. 63 of 2024, whereby the order dated 21.02.2024 passed by the Judicial Magistrate/Civil Judge, Kichha, District Udham Singh Nagar, in Misc. Criminal Case No. 238 of 2023, was set aside.

4. Learned counsel for the Applicant states that the present matter is purely civil in nature, but has been given the colour of a criminal trial.

5. Admit.

6. In view of the matter, this Court is of the opinion that the presence of the Respondent No. 3 is required.

7. Issue notice to the Respondent No. 3.

8. Steps to be taken within a week.

9. List this case on 02.09.2025.

10. Counter affidavit, if any, may be filed in the meanwhile.

11. As an interim measure, it is directed that till the next date of listing, the effect and operation of order dated 16.05.2025, passed by Ist Additional Sessions Judge, Udham Singh Nagar in Criminal Revision No. 63 of 2024, shall remain stayed.

12. Stay Application (IA No. 01 of 2025) stands disposed of accordingly.

(Ashish Naithani, J.) 10.07.2025 Shiksha