C528/1794/2025
2025 Latest Caselaw 4777 UK

Uttarakhand High Court

C528/1794/2025 on 10 October, 2025

Author: Alok Kumar Verma

Bench: Alok Kumar Verma

                      Office Notes,
                   reports, orders or
SL.                 proceedings or
         Date                                       COURT'S OR JUDGES'S ORDERS
No                   directions and
                   Registrar's order
                    with Signatures
      10.10.2025                        C528 No.1794 of 2025
                                        Hon'ble Alok Kumar Verma, J.

The present Application has been filed under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 for quashing the impugned judgment dated 17.09.2025, passed by learned Ist Additional Sessions Judge, Dehradun in Criminal Revision No.21 of 2025, "Hariom Sehgal Vs. State and another".

2. Heard Mr. Sagar Kothari, learned counsel (through video conferencing) for applicant and Mr. Pratiroop Pandey, learned Assistant Government Advocate assisted by Mr. Prabhat Kandpal, learned Brief Holder for respondent.

3. Mr. Sagar Kothari, Advocate, submitted that the respondent no.2 filed an Application under Section 156(3) of the Code of Criminal Procedure, 1973 (in short, "the Code") on 16.12.2024 with the allegations that a sale-deed was executed by him in favor of the applicant, but the entire consideration was not paid to him. The said Application was dismissed by the Magistrate. A Criminal Revision (No.21 of 2025) was filed by the respondent no.2. The Revisional Court allowed the revision by the impugned order dated 17.09.2025 and remanded the matter with certain observations.

4. Mr. Sagar Kothari, Advocate, contended that the dispute is purely civil in nature and a civil case has already been filed by the respondent no.2. The Bharatiya Nagarik Suraksha Sanhita, 2023 came into force on 01.07.2024, thereafter, no application could have been entertained under Section 156(3) of the Code. Application could have been filed only by invoking the provisions of Section 175 of the Bharatiya Nagarik Suraksha Sanhita, 2023.

5. Notice is being issued to the respondent no.2.

6. Steps to be taken within a week.

7. List on 17.11.2025. Till then, the effect and operation of the impugned judgment dated 17.09.2025 are stayed.

(Alok Kumar Verma, J.) 10.10.2025

Neha