C528/113/2025
2025 Latest Caselaw 2945 UK

Uttarakhand High Court

C528/113/2025 on 13 June, 2025

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                             C528 No.113 of 2025

                             Hon'ble Ashish Naithani, J.

Mr. Yogesh Kumar Sharma, Mr. Deepak Joshi, learned counsels for the applicant.

2. Mr. G.C. Joshi, learned AGA, for the State of Uttarakhand/1.

3. Mr. Yogesh Kumar Sharma, learned counsel for the applicant makes a statement before this Court referring to Annexure No.7, whereby the coordinate Bench of this Court had quashed the charge-sheet no.45 of 2014, under Sections 498-A, 323 and 504 of IPC and Section ¾ of Dowry Prohibition Act, and the entire proceedings, under Section 482 of CrPC, in C482 No.1521 of 2014 vide judgment and order dated 04.07.2023. As per judgment and order dated 04.07.2023, the coordinate Bench had quashed the proceedings and made an observation that the "entire criminal proceedings of the Criminal Case No.2457 of 2014, "State Vs. Brijesh Sharma and others", pending in the court of learned Additional Chief Judicial Magistrate, Haldwani, District Nainital, are hereby quashed, qua the applicant nos.2 to 5."

4. There is no representation on behalf of respondent no.2. As per order dated 06.05.2025, passed by learned coordinate Bench of this Court had made the observations that "learned counsel appearing for the respondent no. 2/complainant would submit that he has been instructed to appear on behalf of the respondent no.2/complainant. Thus, he prays for and is granted two weeks time to file Vakalatnama on behalf of the respondent no. 2/complainant".

5. List this matter on 11.07.2025.

6. On the next date of listing, matter shall be heard with or without the counter affidavit on behalf of the respondent no.2.

7. Interim order, if any, is extended till the next date of listing.

                                         (Ashish Naithani,      J)
                                              13.06.2025
Nitesh/