No Date Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures COURT’S OR JUDGES’S ORDERS C-528 No. 361 of 2026 Hon’ble Alok Mahra, J. Mr. B.D. Pande and Mr. Saurav Adhikari, learned counsels for the applicant. 2. Mr. S.C. Dumka, learned D.A.G. for the State. 3. Mr. Dushyant Mainali, learned counsel for respondent no. 2. 4. The present criminal misc. application is filed with a prayer to quash the judgment and order dated 08.04.2025 passed by learned Sub Division Magistrate, Ramnagar, District Nainital in Criminal Case No. 11/01/ of 2023, State Vs. Zahida Siddhique and also to quash the judgment and order dated 25.02.2026 passed by learned Additional Session Judge, Ramnagar, Nainital in Criminal Revision No. 2 of 2025, Zahida Siddhique Vs. State of Uttarakhand and Another, whereby, the learned courts below have passed an order under Section 133 Cr.P.C directing the applicant to remove the alleged encroachment from the Nalla. 5. Today, learned State Counsel has produced before this Court a joint inspection report, which is taken on record. It shows that a complaint was filed by respondent no. 2 that the applicant has encroached upon a drain and after putting slab, she has made construction over the Nala. Thereafter, report was called from the Tehsildar concerned, who inspected the spot alongwith the other revenue officials and submitted a report dated 30.10.2023. In the report, it was mentioned that applicant and other persons have constructed slabs over the Nala and have also raised construction. 6. Taking cognizance of the report, the learned Sub Divisional Magistrate, Ramnagar instituted a Criminal Case No. 11/01 of 2023 under Section 133 Cr.P.C. Notices were issued to the applicant and after considering the report and hearing the parties, the learned Magistrate directed that by constructing a slab over the Nala, the applicant have created a nuisance over the public property and have directed her to remove the said construction within a period of 15 days from the date of passing of the order. The order was passed on 08.04.2025. Feeling aggrieved by the order, the applicant preferred a revision before the Additional Session Judge, Ramnagar. The revision too was dismissed. Feeling aggrieved, she has filed the present criminal misc. application under Section 528 of BNSS before this Court. 7. After hearing the parties on the last occasion, learned counsel for the applicant was directed to produce latest photographs of the property in question showing the constructions made over the Nala. Today, a supplementary affidavit filed on behalf of the applicant has been placed before the Court, which is taken on record. 8. After perusing the photographs of the property in question, it reveals that they have also constructed the rooms over the slabs. This Nala was constructed for draining the excess water, which accumulates in the Nala in the monsoon. Therefore, any permanent construction over the Nala would be hindrance in its cleaning and other purposes. Therefore, this Court directs the Sub Divisional Magistrate, Ramnagar to make a spot inspection of the entire Nala and remove whatever construction is made over the Nala and if he so thinks fit that there is no approach to the houses built on both sides of the Nala then he may permit putting of the slabs ingress from their houses. The slabs should not be more than 4 feet wide. The whole process should be completed within a period of three months from the date of production of certified copy of this order. 9. With the above observation, the present criminal misc. application stands disposed of. (Alok Mahra J.) 17.03.2026 Ujjwal