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2026 DAILYLAW 519 (UTT)

ASHISH KASHYAP v. STATE OF UTTARAKHAND

C528/120/2026 · 2026-01-23

Alok Mahra

body2026

Judgment text

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2026:UHC:642 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.120 of 2026 Hon’ble Alok Mahra, J. Mr. Shailendra Nauriyal and Mr. Tilak Ram Sharma, Advocate for the applicant. Mr. Pratiroop Pandey, A.G.A. for the State of Uttarakhand. 2. This Criminal Miscellaneous Application has been preferred by the applicant assailing the order dated 03.10.2017 passed by the learned City Magistrate, Dehradun in Original Case No. 12 of 1995, as well as the order dated 09.04.2019 passed by the learned Additional Sessions Judge (IIIrd), Dehradun in Criminal Revision No. 266 of 2017, whereby the revision preferred by the applicant was dismissed. 3. By the impugned order passed in the execution proceedings, the executing court has merely issued notice to the applicant, calling upon him either to produce any subsisting stay order or to appear before the office of the Naib Tehsildar, Sadar, Dehradun on 22.01.2026. It has further been directed that in the event of failure to produce any stay order, possession of the property shall be delivered to the opposite party in accordance with law. 4. Upon careful consideration of the material on record, it is evident that the executing court has acted strictly within the four corners of law while passing the impugned order. The directions issued therein are procedural in nature and are 2026:UHC:642 aimed at giving effect to the final adjudication already attained in the matter. No jurisdictional error, procedural irregularity, or perversity can be attributed to the order dated 03.10.2017. 5. Similarly, the revisional court has rightly appreciated the factual and legal aspects of the case and has dismissed the revision vide order dated 09.04.2019 by recording cogent and well-reasoned findings. The revisional order does not suffer from any illegality, impropriety, or material irregularity warranting interference by this Court in exercise of its inherent or supervisory jurisdiction. 6. In view of the above, this Court finds that the impugned orders are legal, valid, and free from any infirmity. 7. The present Criminal Miscellaneous Application is devoid of merit and is, accordingly, dismissed. (Alok Mahra, J.) Vacation Judge 23.01.2026 Arpan