Uttarakhand High Court
Rajesh Makin And Ors vs State Of Uttarakhand on 22 July, 2026
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UKHC010126282026
WPCRL/1390/2026
Rajesh Makin And Ors
--Petitioners
Versus
State Of Uttarakhand
--Respondent
Hon'ble Alok Mahra, J.
Mr. Aditya Singh and Mr. Eshan
Sachdeva, learned counsel for the
petitioners.
Mr. Neeraj Garg, learned counsel for
respondent no. 3.
2. By means of the present Criminal Writ
Petition, the petitioners seek quashing of the
impugned First Information Report dated
29.06.2026, registered as F.I.R. No. 0140 of
2026, under Sections 120B, 420, 467, 468
and 471 of the Indian Penal Code, at Police
Station Rajpur Road, District Dehradun. The
petitioners have also prayed that no coercive
action be taken against them in connection
with the aforesaid F.I.R.
3. Learned counsel for respondent no. 3
submits that the petitioners owned
approximately five bighas of land situated at
Old Municipal No. 175, Rajpur Road,
Dehradun, but have sold about seven bighas
by allegedly encroaching upon the land
belonging to respondent no. 3.
4. Learned counsel for the petitioners has
drawn the attention of this Court to the
conveyance deed whereby Old Municipal No.
175, Rajpur Road, Dehradun, was conveyed
in favour of the predecessors-in-interest of
the petitioners. It is submitted that the
boundaries of the said property have also
been specifically described in the
conveyance deed.
5. Learned counsel for respondent no. 3
further submits that in the civil suits as well
as in the counterclaim filed therein, the
petitioners have admitted that the total area
of property bearing Old Municipal No. 175 is
approximately five bighas.
6. Learned counsel for the parties submit
that civil suits concerning the aforesaid
property are already pending between the
parties.
7. Learned counsel for respondent no. 3
prays for and is granted two weeks’ time to
file a counter affidavit.
8. List this case on 20.08.2026.
9. Till the next date of listing, as an
interim measure, the petitioners shall not be
arrested in connection with the aforesaid
F.I.R., provided they cooperate with the
investigation and appear before the
Investigating Officer as and when required.
10. The Stay Application stands disposed
of accordingly.
(Alok Mahra, J.)
22-07-2026
SB
