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High Court of Uttarakhand · body

2025 DAILYLAW 12360 (UTT)

M/S RAJ POULTRY FARM v. STATE OF UTTARAKHAND

C528/1836/2025 · 2025-10-17

Pankaj Purohit

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

SL. No. Date Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures COURT’S OR JUDGE’S ORDERS C528 No.1836 of 2025 Hon’ble Pankaj Purohit, J. Mr. Dushyant Mainali, learned counsel for the petitioner. 2. Mr. Sandeep Sharma, learned AGA with Ms. Rangoli Purohit, learned B.H. for the State. 3. By means of present C528 application, applicant has challenged the conditional order dated 22.08.2025 passed by the Sub Divisional Magistrate, Kashipur, U.S. Nagar in Criminal Case No.08 of 2025, State v. M/s Raj Poultry Farm, whereby the applicant was directed to remove the nuisance i.e. manure collected at the site. 4. It is submitted by learned counsel for the applicant that the conditional order is passed by learned Magistrate without issuing notice to the applicant. It is, however, admitted by him that he has put in appearance in the proceedings pending before the SDM and also submitted his reply to the show cause notice issued by the Executive Magistrate as to why the preliminary order issued by him be not made absolute. 5. Since the applicant has already put in appearance and has shown cause before the learned Magistrate, therefore, this Court is not inclined to invoke its inherent jurisdiction u/s 528 Cr.P.C. The applicant is at liberty to contest the case before the concerned Sub Divisional Magistrate. Accordingly, C528 application is dismissed. 6. However, it is expected from the learned Magistrate to expedite the hearing of Case No.08 of 2025, State v. M/s Raj Poultry Farm. (Pankaj Purohit, J.) 17.10.2025 R.Dang