Uttarakhand High Court
C528/392/2024 on 31 July, 2025
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C-528 No. 392 of 2024
Hon'ble Ashish Naithani, J.
Mr. Vikas Singh Yadav, learned counsel for the
Applicant.
2. Mr. Vipul Painuly, learned A.G.A. for the State of
Uttarakhand.
3. The present Application under Section 528 of the
Bharatiya Nagrik Suraksha Sanhita, 2023, has been filed by
the Applicant against Respondent No. 2, with a prayer to
quash the charge-sheet dated 11.01.2024, the
cognizance/summoning order dated 12.01.2024, passed by
learned VIth Civil Judge, (Senior Division)/Additional Chief
Judicial Magistrate, Dehradun and the entire proceedings of
Criminal Case No. 376 of 2024 (Case Crime No. 445 of
2023), titled as “State vs. Sachin Sharma and Others” for
the offence punishable under Sections 420, 467, 468, 471,
483, 486, 274, 275, 336 and 120B of the Indian Penal Code,
1860, pending before the Court of VIth Additional Civil Judge
(Senior Division)/Additional Chief Judicial Magistrate,
Dehradun.
4. The prayer for quashing the entire proceedings
involving the aforementioned IPC offences requires due
consideration. Accordingly, hearing the other side is
necessary.
5. Admit.
6. Issue notice to the Respondent No. 2.
7. Steps to be taken within a week.
8. Let the objection(s), if any, be filed.
9. There is a Stay Application (IA No. 1 of 2025, Paper
No. 122) has also been filed with a prayer to stay the further
proceedings of Criminal Case No. 376 of 2024(Case Crime
No. 445 of 2023), titled as “State vs. Sachin Sharma and
Others” for the offence punishable under Sections 420, 467,
468, 471, 483, 486, 274, 275, 336 and 120B of the Indian
Penal Code, 1860, pending before the Court of VIth
Additional Civil Judge (Senior Division)/Additional Chief
Judicial Magistrate, Dehradun.
10. The grounds urged in the stay application are found
to be sufficient.
11. As an interim measure, it is directed that the further
proceedings of Criminal Case No. 376 of 2024(Case Crime
No. 445 of 2023), titled as “State vs. Sachin Sharma and
Others” for the offence punishable under Sections 420, 467,
468, 471, 483, 486, 274, 275, 336 and 120B of the Indian
Penal Code, 1860, pending before the Court of VIth
Additional Civil Judge (Senior Division)/Additional Chief
Judicial Magistrate, Dehradun shall remain stayed qua the
present Applicant only till the next date of listing.
12. The Stay Application stands disposed of accordingly.
13. Learned counsel for the Applicant submits that there is
a connected case, i.e., C-528 No. 861 of 2025, and prays for
the same to be clubbed with the present matter.
14. List this case on 01.09.2025 along with C-528 No. 861
of 2025.
(Ashish Naithani, J.)
31.07.2025
Shiksha