C528/2107/2025
2025 Latest Caselaw 5734 UK

Citation : 2025 Latest Caselaw 5734 UK
Judgement Date : 25 November, 2025

Uttarakhand High Court

C528/2107/2025 on 25 November, 2025

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                              C-528 No. 2107 of 2025

                              Hon'ble Ashish Naithani, J.

Ms. Divya Jain, learned counsel for the Applicant.

2. Mr. S.C. Dumka, learned A.G.A. for the State of Uttarakhand.

3. The present Application under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, has been filed. Along with it, a Stay Application (I.A. No. 01 of 2025, Paper No. 37) has also been filed, seeking a stay on the effect and operation of the order dated 17.05.2025, passed by the learned Additional District and Sessions Judge, Laksar, Haridwar, as well as the further proceedings of S.T. No. 194 of 2021, State vs. Suresh Pal and Others, under Sections 302, 323, 504, 506 and 34 IPC, Police Station Khanpur, District Haridwar, pending before the Court of the learned Additional District and Sessions Judge, Laksar, Haridwar.

4. Admit.

5. Issue notice to Respondent No. 2.

6. Steps to be taken within a week.

7. Learned counsel for the Applicant submits that an opportunity is being sought to re-examine PW-1, PW-3 and PW-5, namely, Mangir, Sarvesh and Seema, respectively. It is further submitted that these witnesses are required to be re-examined as certain issues relating to the site map could not be addressed during their cross-examination, since the Applicant was in jail at the time of their deposition and was therefore unable to assist the learned counsel representing him.

8. Let the objections be filed by the Respondents.

9. As an interim measure, it is provided that till the next date of listing, the Stay Application is allowed to the limited extent that the proceedings before the court below shall continue; however, the judgment shall not be pronounced during the pendency of the present matter.

10. Learned counsel for the Applicant is further directed to file copies of the statements for consideration in support of the plea raised.

11. List this case on 10.02.2026.

12. The Stay Application stands disposed of accordingly.

(Ashish Naithani, J.) 25.11.2025 SB