C528/132/2026
2026 Latest Caselaw 973 UK

Uttarakhand High Court

C528/132/2026 on 12 February, 2026

                                                                      2026:UHC:846
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                               C528 No.132 of 2026
                               Hon'ble Alok Mahra, J.

Mr. Pradeep Chamiyal, Advocate for the applicant.

Mr. Rakesh Negi, Brief Holder for the State of Uttarakhand.

2. By means of this criminal misc. application, applicant has sought quashing of order dated 08.01.2026 passed by learned Additional Sessions Judge Ist, Udham Singh Nagar in Criminal Revision No.139 of 2025 as well as the order dated 04.09.2025 passed by learned Chief Judicial Magistrate, Udham Singh Nagar in Criminal Case No.15119 of 2013.

3. According to the applicant, respondent no. 2 lodged a complaint alleging that on 26.02.2013, his son went to the grocery shop of Ankit Gupta to purchase certain articles and, upon being informed that the goods were not available, proceeded towards another shop, whereupon Ankit Gupta allegedly became angry and, along with the other accused persons, assaulted the son of respondent no.2. After investigation, a charge sheet came to be filed against the applicant. Thereafter, the applicant moved an application under Section 311 Cr.P.C. seeking recall of P.W.1 Rakesh Kumar Gupta and P.W.2 Pawan Kumar Gupta for the purpose of cross- examination. The said application was dismissed by the learned Chief Judicial Magistrate, Udham Singh Nagar, vide order dated 04.09.2025. Aggrieved by 2026:UHC:846

the said order, the applicant preferred a Criminal Revision, which was dismissed by the learned Additional Sessions Judge-I, Udham Singh Nagar. Hence, the present Criminal Miscellaneous Application.

4. Perusal of the impugned order passed by learned Chief Judicial Magistrate reveals that he has considered & discussed all relevant aspects. Thus, the view taken by the learned Magistrate, cannot be faulted. Learned Revisional Court was thus justified in dismissing the Revision Petition. Thus, this Court does not find any reason to interfere with the impugned orders.

5. Accordingly, the criminal misc. application fails and is dismissed.

(Alok Mahra, J.) 12.02.2026 Arpan

ARPAN

DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH

2.5.4.20=eabb68a3895e41937c266c23964c0485365445e 3a20dddb7393398f9fe45ba3e, postalCode=263001,

JAISWAL st=UTTARAKHAND, serialNumber=060FC17022BEAE3DE215D68D9D454C51 09CB987446351E4DF04AADAA2C2CEA66, cn=ARPAN JAISWAL Date: 2026.02.12 15:37:16 +05'30' 2026:UHC:846