C528/77/2024
2025 Latest Caselaw 4108 UK

Uttarakhand High Court

C528/77/2024 on 8 September, 2025

Author: Manoj Kumar Tiwari

Bench: Manoj Kumar Tiwari

                                                                   2025:UHC:7944
              Office Notes,
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      Date    or directions               COURT'S OR JUDGE'S ORDERS
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                               C528/77/2024
                               Hon'ble Manoj Kumar Tiwari, J.

Mr. A.K. Shukla, Advocate with Mr. Kundan Rai and Mr. Mohd. Umar, Advocates for the applicants.

Mr. K.S. Bora, Deputy Advocate General assisted by Mr. Dinesh Chauhan, AGA for the State.

Mr. Aditya Pratap Singh, Advocate for respondent No. 2.

2. By means of this application, filed under Section 528 of Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, applicant has challenged judgment and order dated 14.05.2024, passed by Additional Sessions Judge, Kotdwar, District Pauri Garhwal in Criminal Revision No. 3 of 2024. He has also sought quashing of proceedings of Criminal Case No. 01 of 2022- 23 under Section 145 CrPC.

points out that the order passed by Additional Sessions Judge, impugned in this application, is a remand order and thereafter, Sub Divisional Magistrate, Yamkeshwar, passed a fresh order, which is not under challenge in this Application.

4. Learned counsel for the applicant disputes the contention that Sub Divisional Magistrate had passed order before filing of this C528 2025:UHC:7944 Application.

5. To this, Mr. Aditya Pratap Singh, learned counsel appearing for respondent No. 2 submits that upon remand, S.D.M. has passed the order dated 19.07.2024; however, said order was not brought to the notice of coordinate bench, which passed the interim order.

6. Mr. A.K. Shukla, learned counsel appearing for applicant seeks permission to withdraw this C528 application, with liberty to file a fresh.

7. Accordingly, C528 Application is dismissed with liberty as aforesaid.

8. Mr. Aditya Pratap Singh, Advocate appearing for respondent No. 2 gives undertaking that he will not request the District Magistrate to handover the possession of the land in question to his client, for a period of 10 days.

(Manoj Kumar Tiwari, J.) 08.09.2025 Mahinder/

MAHINDER SINGH DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND, 2.5.4.20=da6212e6e78d94ed3134842bc6a8d6ca168979ca7b8c2f031a92d1a18b08923c, postalCode=263001, st=UTTARAKHAND, serialNumber=AB77B7C5B240908B392BE84F5CDD4C2AF35DC4626D305B1BC9EA4BABA43D2B8F, cn=MAHINDER SINGH Date: 2025.09.09 19:15:00 +05'30'