Kashmir Singh and Others vs State of Uttarakhand and Another

Hon''ble Servesh Kumar Gupta, J.—Admit the petition. Having heard learned counsel for the petitioners, it transpires that there is some land litigation pending between the petitioners on the one hand and respondent no. 2 on the other. The said dispute, at present, is pending before Commissioner, Kumaon. It is alleged that the respondent no. 2, in addition to the civil litigation, filed the impugned criminal complaint, wherein the cognizance was taken by Addl. CJM, Kashipur against the petitioners under Sections 120-B, 420, 467, 468 and 471 IPC. A revision was filed against the said order, which too was dismissed by the order of the Additional Sessions Judge, Kashipur, Distt. U.S. Nagar on 18.2.2008.

After the institution of this petition, the notices were sent to respondent no. 2 but it has been reported that he is not residing at the given address. However, the revenue litigation documents disclose that respondent no. 2 resides in village Dirwa, Tehsil Sunam, District Sangrur (Punjab). Thus, the petitioners are directed to take steps within three days for effecting service upon the respondent no. 2 by both ways on the above address.

3.Meanwhile, as an interim measure, it is hereby directed that till the next date of listing, proceedings of criminal case no. 4878/2006, Boota Singh Vs. Kashmir Singh and others, pending before the court of Addl. CJM, Kashipur, Distt. U.S. Nagar, shall remain stayed. It is hereby made clear that in case the steps are not taken within the stipulated period, the stay order granted by the Court shall be deemed to be an otiose. List immediately after the service report along with already connected petition no. 467/2012. (Stay appln. No. 888/12 and urgency appln. No. 3891/12 stand disposed of)