Extracted from the PDF above. The PDF is authoritative.
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. 210 of 2026 Hon ’ble Alok Mah r a, J.
Mr. Mehboob Rahi, learned counsel for the applicant.
2. Ms. Pushpa Bhatt, learned D.A.G. for the State.
3. The present Criminal Misc. Application under Section 528 of BNSS has been filed by the applicant challenging the judgment and order dated 25.11.2025 passed by learned 1st Additional Session Judge, Haldwani, District Nainital in Criminal Revision No. 18 of 2025, Nadeem Vs. Ahmad Raja and Others, whereby, the criminal revision filed by the applicant has been dismissed. Challenge has also been made to the order dated 13.02.2025 passed by learned Judicial Magistrate I, Haldwani, District Nainital in Misc. Criminal Case No. 639 of 2024, Nadeem Vs. Ahmad Raja @ Laddan and Others, whereby, the application filed by the applicant under Section 175(3) of BNSS has been dismissed.
4. In the present case, the applicant had filed an application under Section 175(3) of BNSS. The complaint was investigated by Police Officer. In the investigation, it came out that wife of the applicant had filed an FIR bearing registration No. 247 of 2024 against the applicant and her in-law under Sections 85, 115(2), 352 of BNS
and Section 3/ 4 of Muslim Marriage (Protection of Rights on Marriage) Act. On this basis, the application filed by the applicant under Section 175(3) was dismissed vide order dated 13.02.2025 by Judicial Magistrate I, Haldwani, against which, the applicant filed a revision, which was also dismissed vide judgment and
order dated 25.11.2025 passed by learned 1st Additional Session Judge, Haldwani, District Nainital in Criminal Revision No. 18 of 2025, Nadeem Vs. Ahmad Raja and Others
5.
Learned counsel for the applicant would submit that the learned Judicial Magistrate, without application of mind, has rejected the application of the applicant vide order dated 13.02.2025.
6. Per contra, learned State counsel would submit that the evidence collected was placed before the learned court below, which, after applying its judicial mind, has rightly rejected the said application filed by the applicant under Section 175(3) of BNSS.
7. Heard learned counsel for the parties and perused the record.
8. Perusal of the impugned order dated 25.11.2025 passed by learned 1st Additional Session Judge, Haldwani, District Nainital in Criminal Revision No. 18 of 2025 and also the
order dated 13.02.2025 passed by learned Judicial Magistrate I, Haldwani, District Nainital in Misc. Criminal Case No. 639 of 2024 reveal
that the courts concerned have considered & discussed all relevant aspects. Thus, the view taken by both the court concerned cannot be faulted.
9. Furthermore, no good ground has been shown by the applicant as to what is the infirmity or illegality in the impugned orders. Hence, this Court does not find any reason to interfere with the impugned orders.
10. Accordingly, the criminal misc. application fails and is hereby dismissed.
( Alok Mah r a J.)
17.02.2026 Ujjwal