SMT REKHA RAGHUWANSHI W/O SRI SUHIL RAGHUWANSHI R/O GRAM RATANPUR, PATTI SUKHRO THANA & TEHSIL KOTDWAR DISTRICT PAURI Vs. STATE OF UTTARAKHAND THROUGH SECRETARY HOME, UTTARAKHAND SASHAN DEHRADUN,
HIGH COURT OF UTTARAKHAND
Smt Rekha Raghuwanshi W/O Sri Suhil Raghuwanshi R/O Gram Ratanpur, Patti Sukhro Thana And Tehsil Kotdwar District Pauri
State Of Uttarakhand Through Secretary Home, Uttarakhand Sashan Dehradun,
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Prafulla C. Pant, J. -
(1.) HEARD .
(2.) BY means of this petition, moved under section 482 of Code of Criminal Procedure, 1973, the petitioner has sought quashing of proceedings of Criminal Complaint Case No. 277 of 2010, Amar Singh vs. Smt Rekha Raghuwanshi relating to offence punishable under section 500 of I.P.C., pending in the court of Additional Chief Judicial Magistrate, Kotdwar. Brief facts of the case are that respondent no. 4 Amar Singh filed criminal complaint before the Magistrate on 03.04.2010, alleging that petitioner Smt Rekha Raghuwanshi and her husband Sushil Kumar Raghuwanshi, are making false complaints to the authorities concerned, against the complainant, thereby, he is defamed. It is alleged that the petitioner's reputation has got lowered down due to the defamatory representations made by the petitioner Smt Rekha Raghuwanshi, and her husband Suhil Kumar Raghuwanshi. The trial court after recording the statement of the complainant Amar Singh under section 200 of Cr.P.C., and that of witnesses namely Shashi Bala, Navbahar and Sarfaraz under section 202 of Cr.P.C., summoned the petitioner Smt Rekha Raghuwanshi to face the trial in respect of offence punishable under section 500 of I.P.C. Aggrieved by said summoning order dated 17.06.2010, this petition is filed.
(3.) IT is pertinent to mention here that learned counsel for the parties have admitted that on same set of facts, another criminal complaint was filed against the husband of the petitioner i.e. Sushil Kumar Raghuwanshi, and he too is summoned in said case, to face the trial in respect of offence punishable under section 500 of I.P.C. It is also relevant to mention here that the petitioner's husband Sushil Kumar Raghuwanshi said to have filed separate Criminal Misc. Application under section 482 of Cr.P.C., and the same was dismissed, by this Court at the admission stage, as conceded by learned counsel for the parties.;
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