Uttarakhand High Court
Kamal Dhami vs State Of Uttarakhand on 3 August, 2026
Author: Rakesh Thapliyal
Bench: Rakesh Thapliyal
Office Notes,
reports, orders
or proceedings COURT'S OR JUDGE'S ORDERS
SL.
Date or directions
No.
and Registrar's
order with
Signatures
UKHC010134932026
C528/1669/2026
Kamal Dhami --Applicant
Versus
State Of Uttarakhand --Respondent
Hon'ble Rakesh Thapliyal, J.
Mr. Ramji Srivastava, learned counsel
and Mr. Gaurav Nagpal, learned counsel for
the applicant.
2. Mr. B.C. Joshi, learned AGA for the
State.
3. The instant petition is preferred by the
applicant for challenging the proceeding of
Criminal Case No.3883 of 2024 State vs.
Kamal Dhami pending in the court of IVth
Additional Civil Judge (S.D.)/ACJM,
Dehradun on the ground that the concerned
Investigating Officer filed the charge sheet in
a mechanical manner only for Section 420 of
IPC.
4. It is argued by learned counsel for the
applicant that applicant was the owner of a
piece of land measuring 2045 sq. mtr. out of
which 564 sq. mtr. was sold out to the
respondent/complainant on 01.09.20217 and
some other part of the land measuring 376 sq.
mtr., 96.95 sq. mtr. and 85.56 sq. mtr. were
sold out to three other different persons. He
submits that respondent no.2 lodged the FIR
with this impression that some part of the
land, which was already sold to him has been
further sold out to other persons. He submits
that the FIR has been lodged for the offences
punishable under Section 420, 120-B, 467, 468
and 471 of IPC however the charge sheet has
been filed only for the offence punishable
under Section 420 of IPC and for rest of the
offences, the applicant has been exonerated
and final report was filed. He submits that
once there is no element of Section 467 and
471 of IPC then there is no any occasion to
charge the applicant for the offence
punishable under Section 420 of IPC. He
further submits that at the most primafacie
from the contents of FIR it is a boundary
dispute and for that purposes the
respondents have a remedy to file an
application for seeking demarcation under
Section 41 of The Land Revenue Act instead
of lodging the FIR.
5. However, this Court is primarily of the
view that there was no element to charge the
present applicant for the offence punishable
under Section 420 of IPC since in rest of the
penal provision, the applicant has been
exonerated, however, all these aspects
required deep scrutiny.
6. Issue notice to respondent no.2
returnable at an early date.
7. Steps to be taken within a week.
8. Learned State counsel prays for and is
granted four weeks time to file the counter
affidavit.
9. Two weeks time thereafter is granted to
the learned counsel for the applicant to file
rejoinder affidavit.
10. List on 21.09.2026.
11. In the meantime, further proceeding of
Criminal Case No.3883 of 2024 arising out of
Case Crime No.0144 of 2022 State vs. Kamal
Dhami pending in the court of IVth
Additional Civil Judge (S.D.)/ACJM,
Dehradun shall remain stayed.
(Rakesh Thapliyal, J.)
03.08.2026
Arti
