2025:UHC:4508-DB IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL HON’BLE THE CHIEF JUSTICE SRI G. NARENDAR AND HON’BLE SRI JUSTICE ALOK MAHRA WRIT PETITION (CRIMINAL) NO. 504 OF 2025 04TH JUNE, 2025 Smt. Suman …… Petitioner Versus State of Uttarakhand & others …… Respondents Counsel for the petitioner : Ms. Anmol Sandhu, learned counsel holding brief of Mr. Lalit Sharma, learned counsel Counsel for the respondents : Mr. J.S. Virk, learned Deputy Advocate General with Mr. Rakesh Kumar Joshi, learned Brief Holder for the State / respondent Nos. 1 to 3 The Court made the following: JUDGMENT: (per Hon’ble The Chief Justice Sri G. Narendar) Heard the learned counsel for the petitioner and the learned Deputy Advocate General for the State. 2) The case of the petitioner, in a nutshell, is that she and her husband had purchased certain lands in the year 2017 and the 5th respondent along with his henchmen has been trying to dispossess the petitioner and her husband from the land. Aggrieved they had approached the 1 2025:UHC:4508-DB jurisdictional police and the complaint came to be registered as Crime No. 76 of 2017 for the offences punishable under Section 147, 148, 149, 452, 323, 504, 506, 427, 395 and 354 of the IPC. The complaint also came to be registered in respect of offence punishable under Section 7/8 of the POCSO Act, and the investigation had commenced. 3) It is also the case of the petitioner that she had also moved the competent civil court, i.e., Civil Judge (Junior Division), Haridwar, and the court below by order dated 19.01.2017 has been pleased to direct the 5th respondent not to create any hindrance in the peaceful possession and enjoyment of the petitioner. That on 11.04.2025, despite the above state of affairs, the 5th respondent along with 20- 25 of his henchmen came near the land at 06:30 P.M. and tried to forcefully dispossess the petitioner and her husband, and also misbehaved with the petitioner, and on petitioner dialing 112 and the Chetak police arrived at the spot, and instead of taking appropriate action against the 5th respondent they took the husband and son of the petitioner to the police station and threatened them with dire consequences. 4) In that view of the matter, we are of the considered opinion, that the 3rd respondent shall treat the instant petition as an information and initiate action accordingly, 2 2025:UHC:4508-DB and shall also ensure that parties abide by the interim order granted by the trial court in Civil Suit No. 15 of 2017, pending on the file of Civil Judge (Junior Division), Haridwar. 5) The writ petition stands ordered accordingly. 6) As a sequel thereto, pending application, if any, shall stand closed. ________________ G. NARENDAR, C.J. ____________ ALOK MAHRA, J. Dt: 04TH JUNE, 2025 Negi 3 HIMANS HU NEGI Digitally signed by HIMANSHU NEGI DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND, 2.5.4.20=bb3b60774012c1ef1dae20d13a af116e73351fdaf6878326386908a7f90d5 757, postalCode=263001, st=UTTARAKHAND, serialNumber=75BD9D0FB7F4A80990FC 51A722A6BC552D470EB4FD2F88DDF7C1 8DB2A1524A4D, cn=HIMANSHU NEGI Date: 2025.06.12 17:12:51 +05'30'