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IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL
ASHISH NAITHANI
Usha Mittal – Appellant
Versus
State of Uttarakhand – Respondent
JUDGMENT :
Ashish Naithani, J.
1. The present Criminal Miscellaneous Application under Section 528 of the Bhartiya Nagarik Suraksha Sanhita, 2023 has been filed by the Applicants seeking quashing and setting aside of the judgment and final order dated 09.07.2025 passed by the learned First Additional Sessions Judge, Dehradun in Criminal Revision No. 65 of 2025, whereby the revision filed by the Applicants against the order of the City Magistrate, Dehradun dated 23.11.2024 came to be dismissed.
2. The dispute pertains to an immovable property situated at Race Course, Dehradun, which has remained in the ownership and possession of the Applicants’ family since 1962. Over time, four residential structures were constructed on the said property, which were used both as family residences and for lawful tenancy purposes.
3. On 11.10.2012, following a violent incident involving Respondent No. 4 and his associates, the learned City Magistrate, Dehradun initiated proceedings under Sections 145/146(1) CrPC and sealed one house forming part of the larger property, registering the matter as Case No. 19 of 2012. The remaining structures continued in peaceful possession of the Applicants and their ten
Once Section 145 CrPC proceedings declared infructuous due to subsisting civil injunction, Magistrate lacks jurisdiction for further possession orders. Such orders without notice violate natural just....
The main legal point established in the judgment is the avoidance of multiplicity of litigation and the need to abide by the final outcome of the civil suit in the context of applying Section 145 Cr.....
Injunction cannot be passed against a co-owner, and possession is crucial in resolving disputes under Section 145 of CrPC. Civil court decisions are binding on criminal court proceedings, and multipl....
Parallel proceedings under Section 145 Cr.P.C. are impermissible when a civil suit regarding the same property is pending, as the civil court's decisions on title and possession are binding.
Executive Magistrates cannot initiate proceedings under Section 145 Cr.PC if a civil suit related to the same property is ongoing, as it encroaches on civil jurisdiction without established emergency....
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