4Th June vs State Of Uttarakhand & Others
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Uttarakhand High Court

4Th June vs State Of Uttarakhand & Others on 4 June, 2025

                                                         2025:UHC:4508-DB



     IN THE HIGH COURT OF UTTARAKHAND
                  AT NAINITAL

            HON'BLE THE CHIEF JUSTICE SRI G. NARENDAR
                                 AND
                 HON'BLE SRI JUSTICE ALOK MAHRA


           WRIT PETITION (CRIMINAL) NO. 504 OF 2025

                              04TH JUNE, 2025


Smt. Suman                                       ......          Petitioner


Versus


State of Uttarakhand & others                    ......         Respondents


Counsel for the petitioner        :       Ms. Anmol Sandhu, learned counsel
                                          holding brief of Mr. Lalit Sharma,
                                          learned counsel

Counsel for the respondents       :       Mr. J.S. Virk, learned Deputy
                                          Advocate General with Mr. Rakesh
                                          Kumar Joshi, learned Brief Holder for
                                          the State / respondent Nos. 1 to 3


The Court made the following:

JUDGMENT:

(per Hon'ble The Chief Justice Sri G. Narendar)

Heard the learned counsel for the petitioner and

the learned Deputy Advocate General for the State.

2) The case of the petitioner, in a nutshell, is that

she and her husband had purchased certain lands in the

year 2017 and the 5th respondent along with his henchmen

has been trying to dispossess the petitioner and her

husband from the land. Aggrieved they had approached the

2025:UHC:4508-DB jurisdictional police and the complaint came to be registered

as Crime No. 76 of 2017 for the offences punishable under

Section 147, 148, 149, 452, 323, 504, 506, 427, 395 and

354 of the IPC. The complaint also came to be registered in

respect of offence punishable under Section 7/8 of the

POCSO Act, and the investigation had commenced.

3) It is also the case of the petitioner that she had also

moved the competent civil court, i.e., Civil Judge (Junior

Division), Haridwar, and the court below by order dated

19.01.2017 has been pleased to direct the 5th respondent

not to create any hindrance in the peaceful possession and

enjoyment of the petitioner. That on 11.04.2025, despite

the above state of affairs, the 5th respondent along with 20-

25 of his henchmen came near the land at 06:30 P.M. and

tried to forcefully dispossess the petitioner and her husband,

and also misbehaved with the petitioner, and on petitioner

dialing 112 and the Chetak police arrived at the spot, and

instead of taking appropriate action against the 5th

respondent they took the husband and son of the petitioner

to the police station and threatened them with dire

consequences.

4) In that view of the matter, we are of the considered

opinion, that the 3rd respondent shall treat the instant

petition as an information and initiate action accordingly,

2025:UHC:4508-DB and shall also ensure that parties abide by the interim order

granted by the trial court in Civil Suit No. 15 of 2017,

pending on the file of Civil Judge (Junior Division), Haridwar.

5) The writ petition stands ordered accordingly.

6) As a sequel thereto, pending application, if any, shall

stand closed.

________________ G. NARENDAR, C.J.

____________ ALOK MAHRA, J.

Dt: 04TH JUNE, 2025 Negi

HIMANS DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND, 2.5.4.20=bb3b60774012c1ef1dae20d13a af116e73351fdaf6878326386908a7f90d5

HU NEGI 757, postalCode=263001, st=UTTARAKHAND, serialNumber=75BD9D0FB7F4A80990FC 51A722A6BC552D470EB4FD2F88DDF7C1 8DB2A1524A4D, cn=HIMANSHU NEGI Date: 2025.06.12 17:12:51 +05'30'