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2026 DAILYLAW 8141 (UTT)

ASHA NAGAR v. STATE OF UTTARAKHAND

C528/1520/2026 · 2026-07-16

Rakesh Thapliyal

body2026

Judgment text

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SL. No. Date Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures UKHC010122802026 2026:UHC:5901 COURT’S OR JUDGE’S ORDERS C528/1520/2026 Asha Nagar --Applicant Versus State Of Uttarakhand --Respondent Hon'ble Rakesh Thapliyal, J. Mr. Shivam Rana, learned counsel for the applicant. 2. Mr. Sandeep Sharma, learned AGA for the State. 3. By the instant petition, the present applicant is challenging the proceeding of Criminal Case No.6263 of 2022 State vs. Hari Kant Nagar and another pending in the court of IInd Additional Chief Judicial Magistrate, Dehradun arising out of the First Information Report dated 07.04.2021 bearing FIR No.0057 of 2021 wherein the present applicant has been summoned to face the trial for the offences punishable under Section 420 read with Section 120-B of IPC. 4. In this FIR dated 07.04.2021 the investigation was done; charge sheet was filed and the trial court took cognizance on 09.09.2022 and thereafter the trial has been commenced. Now by the instant petition, the applicant is challenging the proceeding on the ground that the civil dispute has been finally decided by the civil court giving liberty to the parties to invoke Arbitration Clause. 5. Learned counsel for the applicant submits that the dispute in between the parties appears to be civil in nature and for resolving the dispute there is an Arbitration Clause as per the agreement and this was the reason that the civil court decided the civil dispute giving liberty to the parties to invoke the Arbitration Clause. 6. Here, in this particular case, FIR was lodged in the year 2021 and after thorough investigation charge sheet was filed wherein the trial court took cognizance on 09.09.022. Now after the lapse of an inordinate delay of four years, the proceeding has been challenged by the instant petition on the ground that the civil dispute was decided by observing that there is an Arbitration Clause. Such a plea has no relevance particularly, when in this particular case after thorough investigation, the charge sheet has been filed, trial is commenced and pending since 2022. 7. In such view of the matter, since the trial is pending since 2022 and filing of this petition is nothing but an attempt to delay in expediting the proceeding of trial of 2022. Hence, I do not find any merit and the same is accordingly, dismissed. (Rakesh Thapliyal, J.) 16.07.2026 Arti