IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL Criminal Misc. Application No. 700 of 2010 Mohan Singh, Son of Pyara Singh, R/o Village Basayi, Tehsil Kashipur, District Udham Singh Nagar. …......... Revisionist. Versus State of Uttarakhand and others. …........…Respondents Hon’ble Prafulla C. Pant, J. Mr. T.P.S. Takuli, Advocate present for petitioner. Mr. P.S. Bohara, Brief Holder present for the State. Heard. By means of this petition moved under Section 482 of the Code of Criminal Procedure, 1973, petitioner has challenged the order dated 03.11.2008 passed by Additional Chief Judicial Magistrate, Kashipur, in criminal case no. 34 of 2008 whereby the said court has rejected the application under section 156 (3) of Cr.P.C. Order dated 10.02.2009 passed by the Revisional Court (Sessions Judge), Udham Singh Nagar thereby affirming the order dated 03.11.2008 in criminal revision no. 171 of 2008 is also under challenge. Brief facts of the case are that petitioner moved an application under section 156 (3) Cr.P.C. stating that his uncle Harbhajan Singh had died about 25 years back and his aunt got married to some other person. It is alleged in the application moved before the trial court that the land of Baljinder Singh (son of uncle of petitioner) was transferred to respondent nos. 3 to 7 illegally by conspiring with them. The trial court rejected the application under section 156 (3) Cr.P.C. on the ground that 2 the dispute between the parties is purely civil in nature. The said order was challenged by the petitioner before Sessions Judge, Udham Singh Nagar in criminal revision no. 171 of 2008. After hearing the parties, the revisional court also agreed with the finding of trial court and affirmed the order. Learned counsel for the petitioner submitted that respondent nos. 3 to 7 have committed criminal offence by conspiring and transferring the land. However, from the impugned order it appears that the courts below have taken note of the fact that the proceedings are pending before the Tehsildar, Kashipur in the matter of mutation, and that a civil suit in respect of sale deed is pending before the Civil Judge (Junior Division), Kashipur. Since it is not clear whether the documents regarding which conspiracy is alleged is valid document or not, as the said finding has not come from the civil court, the courts below have not preferred to direct to the police to register the case. In view of the above circumstances, this court does not find any illegality in the impugned orders passed by the court below. Therefore, without expressing any opinion on the final merits of the cases pending before the revenue court and civil court, this petition under section 482 Cr.P.C. is dismissed. (Prafulla C. Pant, J.) 17.06.2011 SKS