Uttarakhand High Court
CRLR/766/2024 on 1 August, 2025
Author: Pankaj Purohit
Bench: Pankaj Purohit
2025:UHC:6795
Office Notes,
reports, orders or
SL. proceedings or
Date COURT'S OR JUDGES'S ORDERS
No directions and
Registrar's order
with Signatures
CRLR No.766 of 2024
With
BAC No.13 of 2024
Hon'ble Pankaj Purohit, J.
Mr. Yash Mishra, learned counsel for
the revisionist/applicant-informant.
2. Mr. Vikas Uniyal, learned Brief Holder
for the State of Uttarakhand.
3. Ms. Manisha Bhandari, learned
counsel for respondent No.2.
4. Today, these matters are listed on
Substitution Applications (IA Nos.1 of
2025) moved by Manoj Mittal, son of
revisionist-Surinder Kumar Mittal, who
met with sad demise on 26.01.2025
during the pendency of these matters.
5. The Criminal Revision has been filed
by the revisionist to challenge the
impugned order dated 07.09.2024 passed
by learned Chief Judicial Magistrate, Tehri
Garhwal in Misc. Case No.183 of 2024
Surinder Mittal Vs. Ravindra Brahmachari,
and prayed to issue fresh NBW under
Section 73 of Cr.P.C. and the Bail
Cancellation Application has been filed to
cancel the bail granted to respondent No.2
vide order dated 09.07.2024 passed by
learned Sessions Judge, Tehri Garhwal in
Anticipatory Bail No.77 of 2024 Ravindra
Brahmachari Vs. State of Uttarakhand, in
Case Crime No.18 of 2019 under Sections
420, 467, 468 and 471 IPC, registered
2025:UHC:6795
with P.S. Muni Ki Reti, District Tehri
Garhwal.
6. Since, there is no provision to
substitute the legal heirs of a person, as
provided in Civil Law, in a criminal matter
and also as the case is triable as per the
provision of Chapter XIX Cr.P.C. (Chapter
XX of BNSS, 2023) i.e. Cases instituted on
a police report, therefore, it can very well
be presumed that the State will take
reasonable care of the prosecution in main
Criminal Revision No.559 of 2024 Ravindra
Brahmchari and Another Vs. State of
Uttarakhand, which is filed against the
conviction and sentence of revisionists of
aforesaid CRLR No.559 of 2024. Hence,
Substitution Applications (IA Nos.1 of
2025) appear to be misconceived and are
accordingly rejected.
7. As a result, the criminal revision
(CRLR No.766 of 2024) and Bail
Cancellation Application (BAC No.13 of
2024) have rendered infructuous and the
same are dismissed as infructuous.
(Pankaj Purohit, J.)
01.08.2025
PN