C528/146/2026
2026 Latest Caselaw 570 UK

Citation : 2026 Latest Caselaw 570 UK
Judgement Date : 3 February, 2026

[Cites 1, Cited by 0]

Uttarakhand High Court

C528/146/2026 on 3 February, 2026

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                               C528 No.146 of 2026

                               Hon'ble Siddhartha Sah, J.

Mr. Kaushal Sah Jagati, learned counsel for the applicants.

2. Mr. Bhaskar Chandra Joshi, learned AGA for the State.

3. The challenge in this application under Section 528 of BNSS is to the summoning order dated 24.11.2025 passed by the Judicial Magistrate-2nd, Haridwar as well as the revision order dated 17.1.2026 passed by the District and Sessions Judge, Haridwar and also seeking quashing of the entire proceedings of Criminal Case No.803 of 2025, Saroj vs. Surendra & others, pending before the Judicial Magistrate 2nd, Haridwar, under Sections 115(2), 352 BNS.

4. The counsel for the applicants has made a submission that applicant nos.1 and 2 have instituted a civil suit of partition and separate possession against respondent no.2 and other family members before competent civil court. The said civil suit is pending adjudication and the rights of the parties are sub-judice; that, with a mala fide intention to counter the civil proceedings and to pressurize the applicants into surrendering their lawful share in the property and respondent no.2 has started initiating false and exaggerated complaints.

5. In view of the above, there shall be an interim order.

6. The further proceedings of Criminal Case No.803 of 2025, Saroj vs. Surendra & others, pending before the Judicial Magistrate 2nd, Haridwar, under Sections 115(2), 352 BNS, shall remain stayed till the next date of listing.

7. Issue notice to the respondent no.2. Steps to be taken within three days.

8. The counsel for the State prays for and is granted three weeks' time to file counter affidavit.

9. List this case on 16.03.2026.

10. Urgency Application (IA No.1 of 2026) stands disposed of accordingly.

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(Siddhartha Sah, J.) Vacation Judge 03.02.2026

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