C528/334/2025 on 21 April, 2025

Uttarakhand High Court

C528/334/2025 on 21 April, 2025

Author: Vivek Bharti Sharma

Bench: Vivek Bharti Sharma

                   Office     Notes,
                   reports, orders
SL.                or proceedings
        Date       or directions and
                                                           COURT'S OR JUDGES'S ORDERS
No
                   Registrar's order
                   with Signatures

      21.04.2025                       C-528 No. 334 of 2025
                                       Hon'ble Vivek Bharti Sharma, J.

Mr. Sagar Kothari, learned counsel for the
petitioner/accused.

2. Mr. Deepak Bisht, learned Deputy A.G. for the
State.

3. This petition is filed by the petitioner/accused to
quash the entire proceedings of Criminal Case No.46 of
2024 under Section 147, 323, 342, 427, 452 & 506
I.P.C. pending in the court of learned Judicial
Magistrate, Mussoorie, District Dehradun.

4. Learned counsel for the petitioner/accused would
submit that entire proceedings against the
petitioner/accused are unfounded and misconceived for
the reasons that the dispute between the parties is of
civil nature which has been given colour of criminal
offence as there is a boundary dispute of the respective
properties of the respondent no.2 and petitioner no.1.

He would further submit that on the same plea an
application under Section 156 (3) Cr.P.C. (the criminal
procedure then was) has been filed by the brother of
respondent no.2, however, the same was disposed of by
court concerned with the observation that the non-
cognizable report has already been recorded in the
concerned police station; that, the entire proceedings of
the criminal case is liable to be quashed.

5. In view of the above, this Court is of the
considered view that the matter needs deliberation.

6. Admit the petition.

7. Issue notices to respondent no.2 through ordinary
process and registered post acknowledgment due as
well as through e-mail and whatsapp, if available.

8. Steps to be taken within three weeks.

9. List this case on 15.07.2025.

10. Meanwhile, further proceedings of Criminal Case
No.46 of 2024 pending in the court of learned Judicial
Magistrate, Mussoorie, District Dehradun shall remain
stayed until further orders.

(Vivek Bharti Sharma, J.)
21.04.2025
Mamta
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