Uttarakhand High Court
C528/1104/2025 on 13 August, 2025
Office Notes,
reports, orders
or proceedings
SL. Dat
or directions COURT'S OR JUDGE'S ORDERS
No. e
and Registrar's
order with
Signatures
C-528 No. 1104 of 2025
Hon'ble Ashish Naithani, J.
Mr. Chirag Goswami and Ms. Geetanjali Dhami, learned
counsels for the Applicant.
2. Mr. N.S. Kanyal, learned A.G.A. for the State of
Uttarakhand.
3. The present Criminal Misc. Application under Section 528
of the Bharatiya Nagarik Suraksha Sanhita, 2023, has been
filed by the Applicant with the prayer to quash the impugned
summoning order dated 29.06.2024, passed by the learned
Chief Judicial Magistrate, Haridwar in Criminal Case No. 6299
of 2024, along with the charge-sheet dated 31.05.2024 and
FIR dated 28.02.2024, lodged at Police Station Bahadrabad,
District Haridwar, registered as Case Crime No. 62 of 2024, for
the offences punishable under Sections 307, 325, 504, 506,
and 427 IPC.
4. A Stay Application (IA No. 01 of 2025, Paper No. 47)
has also been filed, supported by an affidavit, wherein it is
prayed that the further proceedings of Criminal Case No. 6299
of 2024, arising out of Case Crime No. 62 of 2024, under
Sections 307, 325, 504, 506, and 427 IPC, registered at Police
Station Bahadrabad, District Haridwar, be stayed.
5. The matter was placed before the Registry for
registration on 14.07.2025, whereupon certain defects were
pointed out.
6. As per the office report dated 11.08.2025, an affidavit
has been filed by Mr. Chirag Goswami, Advocate, regarding
non-availability of a clear copy of page nos. 38 to 40. However,
typed copies of page nos. 39 and 40 are stated to have been
attached. The question arises, if a clear copy cannot be
obtained, how can the document be transcribed and typed
based on the unclear original?
7. Learned counsel for the Applicant submits that a
photocopy of the sale agreement, wherein the second and third
pages are partially visible, can be scrutinised in comparison to
the typed copy.
8. Copies of the same may be provided to the learned
Government Advocate.
9. Admit.
10. Issue notice to Respondent No. 4.
11. Steps be taken within a week.
12. Objections, if any, be filed in the meanwhile.
13. List this case on 08.09.2025.
14. As an interim measure, it is directed that, till the next
date of listing, further proceedings of Criminal Case No. 6299
of 2024, arising out of Case Crime No. 62 of 2024, under
Sections 307, 325, 504, 506, and 427 IPC, registered at Police
Station Bahadrabad, District Haridwar, shall remain stayed.
15. The Stay Application stands disposed of accordingly.
(Ashish Naithani, J.)
13.08.2025
Shiksha