JAGPAL SINGH AND ORS vs RATAN SINGH
- Court
- Uttarakhand High Court
UKHC010188412026
2026:UHC:9681
Office Notes,
reports, orders
or proceedings
or directions
and Registrar’s
order with
Signatures
SL.
Date
No.
COURT’S OR JUDGE’S ORDERS
C447/47/2026
Jagpal Singh And Ors
--Applicants
Versus
Ratan Singh and others
- Respondents
Hon’ble Siddhartha Sah, J.
Ms. Bhawna Kanwal, learned counsel
holding brief of Mr. Pankaj Tangwan, learned
counsel for the applicants.
2. Mr. Vikash Uniyal, learned Brief Holder for
the State.
3. By means of present Criminal Transfer
Application under Section 447 of the BNSS, the
applicant has sought transfer of Criminal Revision
No. 47 of 2026, Ratan Singh and others vs. Jagpal
Singh and others, arising out of Case No. 5 of 2018-
19, under Section 145/146(1) of Cr.P.C. from the
Court of Additional District & Sessions Judge,
Laksar, District Haridwar to a competent Court of
corresponding jurisdiction at Dehradun, District
Dehradun.
4. The case of the applicant, as narrated in the
affidavit in support of the criminal transfer
application, is that following certain land disputes
and clashes, the applicant filed an application under
UKHC010188412026
2026:UHC:9681
Section 146(1) of the Cr.P.C. on 20.11.2023 before
the Sub-Divisional Magistrate, Laksar, seeking
attachment of the property and a receiver to protect
the property from illegal dispossession.
5. Pursuant thereto, the Tehsildar submitted a
spot inspection report and on the said report, the
Sub-Division, Laksar passed an attachment order
under Section 146(1) Cr.P.C.
6. Feeling aggrieved by the attachment order,
the respondents preferred Criminal Revision No. 47
of 2026 before the District and Sessions Judge,
Laksar. By the order dated 24.09.2026, passed in
the said revision, the learned Additional Sessions
Judge, Laksar, admitted the revision and stayed the
execution and implementation of the attachment
order.
7. The ground on which the transfer of the
aforesaid Criminal Revision No. 47 of 2026 is
being sought is that due to continuous local
hostility, aggressive posturing, and threats by the
respondents within District Laksar in connection
with the ongoing revisional proceedings, the
applicants are under constant threat and have thus
sought transfer of Criminal Revision No. 47 of
2026 outside the district.
8. The other ground agitated on behalf of the
applicants is that because the private respondents
possess substantial local influence and aggressive
proclivities within District Laksar, the respondents
UKHC010188412026
2026:UHC:9681
and their associates have given open threats, verbal
intimidation, and physical obstruction against the
applicants whenever they attend court hearings or
visit their native village.
9. The local environment in Laksar has become
severely hostile, creating a well-founded and
reasonable apprehension that the applicants cannot
pursue Criminal Revision No. 47 of 2026 safely at
that court without risking physical harm. Inter alia,
on the aforesaid ground transfer has been sought.
10. So far as the alleged vitiated atmosphere
surrounding the local courts in Laksar and seeking
transfer of the Criminal Revision to a new location
outside is concerned, it needs to be mentioned that
if the applicants have any threat perception, they
can always bring the same to the notice of the
police concerned, and in such an eventuality, the
court hopes and expects that the police will take due
and necessary action.
11. So far as seeking transfer of the proceedings
of Criminal Revision No. 47 of 2026 outside the
district is concerned, it needs to be noted that in the
Criminal Revision, the respective counsel for the
parties have to agitate the matter on behalf of the
applicants. Therefore, this is also not a ground on
which transfer can be sought.
12. In view of the aforesaid facts and
circumstances, no good ground is made out to
transfer the proceedings of Criminal Revision No.
UKHC010188412026
2026:UHC:9681
47 of 2026, Ratan Singh and others vs. Jagpal Singh
and others from the court of the Additional District
and Sessions Judge, Laksar, District Haridwar to a
competent court of corresponding jurisdiction.
13. With the liberty open to the applicants to seek
police intervention as and when necessary, the
Criminal Transfer Application deserves to be
dismissed and is accordingly dismissed.
( Siddhartha Sah, J.)
27.10.2026
Shiv/