Sl. No

Date

Office Notes,

reports, orders or

proceedings or

directions and

Registrar’s order

with Signatures

COURT’S OR JUDGES’S ORDERS

C482 No.1847 of 2023

Hon’ble Sharad Kumar Sharma, J.

Mr. Nalin Saun, Advocate, for the

applicants.

Mr. V.K. Gemini, D.A.G. for the State of

Uttarakhand.

An issue emanating from the FIR No.03 of

2022, as it was registered by the respondent no.2,

by naming the accused persons, therein, which

included Mr. Rajesh Kakkar and Mr. Amit

Sharma, and other persons, which had travelled

before this Court in C482 No.753 of 2022,

“Brigadier (Retd.) Rajesh Kakkar Vs. State of

Uttarakhand and others”, which was adjudicated

by this Court by the judgment of 18.03.2023,

holding thereof, that since it absolutely happens

to be a civil dispute, the C482 application is not

required to be ventured into on merits in the light

of the ratio laid down by the Hon’ble Apex Court

in the light of the judgment of “State of Haryana

and others Vs. Bhajan Lal” as referred to in the

said judgment The judgment as rendered by this

Court on 18.03.2023, has been affirmed by the

Hon’ble Apex Court in SLP (Crl.) No.6692 of

2023, “Anup Singh Vs. Brigadier (Retd.) Rajesh

Kakkar and another”, whereby the SLP has been

dismissed by the judgment of 07.07.2023.

The institution of the present C482

application by the present applicants would be

nothing, but rather an attempt which has been

made to override the affect of the judgment as

already decided by this Court on 18.03.2023, and

that too, particularly in the light of the fact that

when the parties were already under civil

litigation in Suit No.839 of 2020, “Anup Singh

Vs. Rajesh Kakkar”, and Suit No.35 of 2022,

“Anup Singh Vs. Rajesh Kakkar”.

If at all, there is any right of the applicants,

which is being prejudiced, the appropriate

recourse available for the applicants would be, to

get their scores settled by seeking themselves to

be impleaded in the civil suits, and to get their

rights decided qua the property which is the

subject matter, therein, but not by way of filing of

the C482 application, which would be having an

overriding affect to the judgment rendered by this

Court, and later on affirmed by the Hon’ble Apex

Court.

In fact the C482 application is nothing but

intended to give a civil dispute a colour of a

criminal nature, which is not sustainable in the

eyes of law. Thus, the C482 application lacks

merit, and the same is accordingly dismissed.

(Sharad Kumar Sharma, J.)

20.09.2023

NR