USHA MITTAL Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) The present Criminal Miscellaneous Application under Sec. 528 of the Bhartiya Nagarik Suraksha Sanhita, 2023 has been filed by the Applicants seeking quashing and setting aside of the judgment and final order dtd. 9/7/2025 passed by the learned First Additional Sessions Judge, Dehradun in Criminal Revision No. 65 of 2025, whereby the revision filed by the Applicants against the order of the City Magistrate, Dehradun dtd. 23/11/2024 came to be dismissed.

(2.) The dispute pertains to an immovable property situated at Race Course, Dehradun, which has remained in the ownership and possession of the Applicants' family since 1962. Over time, four residential structures were constructed on the said property, which were used both as family residences and for lawful tenancy purposes.

(3.) On 11/10/2012, following a violent incident involving Respondent No. 4 and his associates, the learned City Magistrate, Dehradun initiated proceedings under Ss. 145/146(1) CrPC and sealed one house forming part of the larger property, registering the matter as Case No. 19 of 2012. The remaining structures continued in peaceful possession of the Applicants and their tenants.