Uttarakhand HC Rejects Land-Dispute Parties’ Plea To Transfer Revision Over Threat Claims, Says They Can Seek Police Help

The applicants sought transfer under Section 447 of the BNSS of Criminal Revision No. 47 of 2026 from the Court of the Additional District and Sessions Judge, Laksar, to a court of corresponding jurisdiction at Dehradun.

The revision arose from an order under Section 146(1) of the CrPC attaching disputed property; the revisional court had admitted the revision and stayed implementation of the attachment order.

The applicants alleged local hostility, threats, intimidation, and physical obstruction by the respondents and their associates, which they said made it unsafe to pursue the revision at Laksar.

Section 447 of the BNSS was invoked as the basis for the transfer application.

The underlying proceedings concerned an attachment order under Section 146(1) of the CrPC, while the applicants’ original application had been made under Section 145/146 of the CrPC.

It observed that alleged threats could be brought to the attention of the police and that the revision would be argued by counsel for the parties.

The court found that the applicants’ allegations of threats did not, by themselves, establish a sufficient ground to transfer the proceedings.

If the applicants perceived a threat, they could report it to the police, from whom the court expected appropriate action.

The court also considered that the parties’ counsel would present the revision, and therefore did not regard the asserted circumstances as a ground for moving the case to another district.

It consequently found no good ground for transfer.

The applicants were left at liberty to seek police intervention as and when necessary.