C528/514/2025
2025 Latest Caselaw 307 UK

Uttarakhand High Court

C528/514/2025 on 13 May, 2025

Author: Vivek Bharti Sharma

Bench: Vivek Bharti Sharma

                   Office Notes, reports,
                   orders or proceedings
SL.
         Date        or directions and                      COURT'S OR JUDGES'S ORDERS
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                   Registrar's order with
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      13.05.2025                            C-528 No. 514 of 2025
                                            Hon'ble Vivek Bharti Sharma, J.

Mr. B. S. Negi, learned counsel for the petitioners.

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

3. This criminal misc. application is filed under Section 528 of B.N.S.S. by the petitioners/accused for setting-aside the judgment and order dated 17.03.2025 passed by learned 1st Additional District Judge, Dehradun in Criminal Revision No.294 of 2024 whereby the learned revisional court set-aside the order dated 08.10.2024 to the extent wherein the trial court has not summoned the petitioners under Section 500 of IPC, the revisional court further directed the learned trial court to re-hear the matter in the light of observation passed in the impugned order as well as in the light of the order dated 19.07.2024 and pass appropriate order.

4. An Amendment Application (IA No.02 of 2025) is moved by petitioners/applicants with the prayer that they may be permitted to delete the word "Late" before Dharamvir Singh Negi and also the age 43 years be inserted in place of age 42 years in the memo of parties of instant criminal misc. application as well as stay application filed in support thereto.

5. The learned State counsel has no objection to the said application.

6. Accordingly, Amendment Application (IA No.02 of 2025) would stand allowed.

7. Let amended memo of parties be filed within one week.

8. Also heard on the Stay Application (IA No.01 of 2025).

9. Learned counsel for the petitioners would submit that the impugned order dated 17.03.2025 is unsustainable in the eyes of law as the same has been passed without considering the material available on record; that, the petitioners are the innocent persons and respondent no.2 has planted fraud case against the family members of the petitioners; that, the present petition is against the non-concurrent finding of the lower court; that, the trial court had not summoned the petitioner, but in revision, the court set-aside that order of the trial court; that, there is some civil dispute between the father-in-law of respondent no.2 and petitioners which has been given colour of criminal offence, therefore, the entire criminal proceedings against the petitioners are liable to be quashed.

10. Per contra, learned State counsel would support the impugned order, however, he seeks time to file detailed counter affidavit in the matter.

11. In view of the above, this Court is of the considered view that the matter needs deliberation.

12. Admit the petition.

13. Issue notice to the respondent no.2 through ordinary process and registered post, acknowledgement due as well as by email and WhatsApp, if available.

14. Steps to be taken within two weeks.

15. List this matter on 05.08.2025.

16. The effect and operation of the impugned judgment and order dated 17.03.2025 passed by learned 1st Additional District Judge, Dehradun in Criminal Revision No.294 of 2024 'Jagdish Chandra Kandpal vs. State of Uttarakhand & Others', shall remain stayed during the pendency of the present petition.

17. Stay application (IA No. 01 of 2025) stands disposed of.

18. Learned counsel for the respondent no.2 may file counter affidavit in the meantime, if served.

(Vivek Bharti Sharma, J.) 13.05.2025 Akash