KULBHUSHAN AND OTHERS Vs. STATE OF UTTARAKHAND AND OTHERS
LAWS(UTN)-2012-10-80
HIGH COURT OF UTTARAKHAND
Decided on October 12,2012

Kulbhushan And Others Appellant
VERSUS
State of Uttarakhand and others Respondents

JUDGEMENT

- (1.) An application was moved by Kulbhushan under Section 310 Cr.P.C. before the Additional Sessions Judge, Roorkee with the prayer to visit and inspect Geeta Ashram, Kankhal, where the marriage of Kulbhushan was alleged to have taken place with Smt. Sunita Sharma. Objections were filed on behalf of Smt. Sunita Sharma against such application. After hearing learned counsel for the parties, learned Additional Sessions Judge, Roorkee dismissed the application vide order dated 01.09.2012.
(2.) One Smt. Naresh Kumari w/o Sardari Lal Sharma lodged an FIR against Kulbhushan and Shyamendra Bhushan in P.S. Kankhal, District Haridwar in relation to the offences punishable under Sections 323, 504, 506, 420, 498A IPC and Section 3, 4 Dowry Prohibition Act. After investigation, a charge sheet against Kulbhushan and Shyamendra Bhushan was submitted before learned trial court. Prosecution witnesses were examined. After considering the evidence of record, learned Judicial Magistrate convicted Shyamendra Bhushan and Kulbhushan, who were sentenced appropriately vide order dated 26.07.2012. Aggrieved against the said order, a criminal appeal was preferred before the Sessions Judge, Haridwar, which was transferred to learned Additional Sessions Judge, Roorkee. During the course of hearing, an application under Section 310 Cr.P.C. was moved, which was dismissed by learned court below.
(3.) Heard learned counsel for the applicants (under Section 482 Cr.P.C.), learned Brief Holder for respondent no.1 and Mr. Parikshit Saini and Mr. Pankaj Shah, Advocates for respondent no.2.;


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