No Date Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures COURT’S OR JUDGES’S ORDERS WPCRL No. 986 of 2026 Hon’ble Alok Mahra, J. Mr. Rajendra Singh Negi and Mr. K.K. Harbola, learned counsel for the petitioner. 2. Mr. V.S. Pal, learned A.G.A. for the State. 3. The present writ petition under Article 226 of the Constitution of India has been filed by the petitioner, as the petitioner is aggrieved by the attachment process under Section 83 of Cr.P.C. issued by the court of learned Judicial Magistrate 1st class, Kirtinagar, District Tehri Garhwal, which was issued against the accused namely Mukesh Kumar Tyagi in Criminal Case No. 43 of 2025, arising out of Case Crime No. 29 of 2023, registered at Police Station – Kirtinagar, District Tehri Garhwal, under Section 420 of IPC. 4. It is the case of the petitioner that in pursuance of the order passed by the court of learned Judicial Magistrate 1st class, Kirtinagar, District Tehri Garhwal, which was issued against the accused namely Mukesh Kumar Tyagi in Criminal Case No. 43 of 2025, the process of attaching the property under Section 83 of Cr.P.C., have been initiated in the portion of the house belonging to the petitioner and the process have been pasted in the portion of the house, which belongs to the petitioner. 5. Learned counsel for the petitioner would submit that the accused Mukesh Kumar Tyagi is his nephew and family partition has been done among all the brothers, i.e. father of the accused Mukesh Kumar Tyagi, his another brother and the petitioner on 02.02.2023 and the writ petitioner’s family is having separate kitchen after the said partition and all the brothers are living separately after the family partition. In support of his contention, petitioner has also filed the deed of family partition. 6. Heard learned counsel for the parties and perused the record. 7. Since, the property of father of Mukesh Kumar Tyagi, petitioner and his another brother is common, but, they are living in separate portion of that house, therefore, the petitioner has sought direction that the Police should first verify the property of the accused Mukesh Kumar Tyagi or his family and thereafter remove the process, which they have pasted in the portion belonging to the petitioner under Section 83 of Cr.P.C. 8. In view of the above, S.H.O., Police Station-Kirtinagar, District Tehri Garhwal/respondent no. 2 is hereby directed to recruit some Police Officer, who would first inquire that on which portion, the family of the accused Mukesh Kumar Tyagi is residing and after that, initiate the proceedings, as specified under Section 83 of Cr.P.C. 9. With the above observation, the writ petition stands disposed of. (Alok Mahra J.) 11.06.2026 Ujjwal