Usha Mittal vs State of Uttarakhand

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2026 Supreme(UK) 212

IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL
ASHISH NAITHANI
Usha Mittal – Appellant
Versus
State of Uttarakhand – Respondent

Advocates Appeared:
For the Applicants : Mr. Karthik Jayashankar, learned counsel, Mr. Awnish Upadhyay, learned counsel and Mr. Prashant, learned counsel.
For the Respondents:Mr. Bhaskar Chandra Joshi, learned Additional Government Advocate, Mr. Vipul Sharma, learned counsel with Mr. Maneesh Bisht, learned counsel.

Table of Content
1. factual background of property dispute and proceedings history (Para 1 , 2 , 3 , 4 , 5 , 6 , 7)
2. parties' contentions on jurisdictional validity and procedure (Para 8 , 9 , 10 , 11 , 12 , 13 , 14)
3. infructuous 145 crpc yields to civil injunction primacy (Para 15 , 16 , 17 , 18 , 19)
4. natural justice violation and revisional court jurisdictional failure (Para 20 , 21 , 22)
5. 528 bnss quashes orders restoring civil status quo (Para 23)

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 prop