2026:UHC:3353 SL. No. Date Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures COURT’S OR JUDGE’S ORDERS C528/509/2025 Hon’ble Alok Mahra, J. No representation for the applicant. 2. Ms. B.N. Maulakhi, learned Deputy A.G. along with Mr. Nikhil Bisht, learned Brief Holder for the State. 3. Mr. Piyush Garg, learned counsel or respondent nos.2 to 5. 4. Present C-528 application has been filed seeking quashing of the proceedings of Case Crime No. 11/1 of 2022 arising out of proceedings under Section 133 Cr.P.C., pending before the Court of learned City Magistrate, Haldwani, Nainital, as well as the order dated 01.04.2025 passed by the learned 1st Additional Sessions Judge, Haldwani, District Nainital in Criminal Revision No. 98 of 2024. 5. It is averred that respondent nos. 2 to 5, being the landlords of house no. 9/320 situated at Himalaya Farm, Bareilly Road, Haldwani, District Nainital, instituted proceedings under Section 133 Cr.P.C. alleging that the building in occupation of the applicants is old, dilapidated, and in a dangerous condition, posing an imminent threat to life and property. Pursuant thereto, notices were issued to the applicants. 6. It is further stated that despite several adjournments granted by the court below, the applicants failed to file their objections; that, on 22.08.2024, in absence of the 2026:UHC:3353 applicants and in view of repeated opportunities already granted, the learned Magistrate proceeded ex parte and closed the opportunity for filing objections. Thereafter, the applicants moved a recall application seeking setting aside of the said order and permission to file objections; however, the same was rejected by order dated 03.10.2024 on the ground that no sufficient cause was shown and adequate opportunity had already been afforded. Feeling aggrieved by the said order, the applicants preferred Criminal Revision No. 98 of 2024, which too came to be dismissed by the learned 1st Additional Sessions Judge, Nainital vide judgment and order dated 01.04.2025, affirming the order of the Magistrate. 7. Learned counsel for the respondents submits that both the courts below have passed well-reasoned and speaking orders after affording due opportunity to the applicants. However, it is fairly submitted that in case this Court deems it appropriate, one last opportunity may be granted to the applicants to file their objections. 8. Heard learned counsel for the parties and perused the material available on record. 9. From the record, it transpires that sufficient opportunities had indeed been granted to the applicants to file objections to the proceedings under Section 133 Cr.P.C. Nevertheless, considering that the proceedings involve adjudication affecting civil rights coupled with issues of public safety, and further taking into account the 2026:UHC:3353 fair stand taken by learned counsel for respondent nos. 2 to 5, this Court is of the opinion that ends of justice would be met if one final opportunity is afforded to the applicants to file their objections. 10. Accordingly, the impugned orders dated 03.10.2024 passed by the learned Magistrate, as well as the revisional order dated 01.04.2025 passed by the learned 1st Additional Sessions Judge, Nainital, to the extent they deny the applicants an opportunity to file objections, are hereby set aside. 11. The applicants are granted one final opportunity to file their objections to the application under Section 133 Cr.P.C. within a period to be fixed by the court concerned. In the event such objections are filed, the respondents shall be at liberty to file their replica, if any, thereafter. 12. Since the matter pertains to alleged public safety concerns and has been pending since the year 2021, the learned court concerned is directed to decide the proceedings under Section 133 Cr.P.C. expeditiously, preferably within a period of two months from the date of production of a certified copy of this order, without granting unnecessary adjournments to either party. 13. With the aforesaid observations and directions, the present application stands disposed of. 14. Pending applications, if any, shall also stand disposed of. (Alok Mahra, J.) 02.05.2026 Mamta MAM TA RANI Digitally signed by MAMTA RANI DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND, 2.5.4.20=6a812005bebfcf46f244f3 e584af1449e430ef900bf09a6d67e bbd642671329b, postalCode=263001, st=Uttarakhand, serialNumber=5de1751a4f1d9cab fd54852c9e68911ca8b66dd26690 a191648ab5d8dd004ef0, cn=MAMTA RANI Date: 2026.05.05 10:29:32 +05'30' 2026:UHC:3353