SHYAM PRAKASH SRIVASTAVA & OTHERS Vs. STATE OF UTTARAKHAND AND ANOTHER
HIGH COURT OF UTTARAKHAND
Shyam Prakash Srivastava And Others
State of Uttarakhand and another
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(1.) The applicants, by means of present
application / petition under Section 482 of Cr.P.C., seek
to quash the impugned summoning order dated
24.04.2009, passed by learned Judicial Magistrate,
Khatima in criminal case no. 418 of 2009, State vs Dr.
Shyam Prakash Srivastava and others, under Sections
323, 504, 506 of IPC as well as the entire proceedings of
the aforesaid criminal case.
(2.) Taking recourse to Section 156(3) of Cr.P.C.,
respondent no. 2 was able to lodge an FIR against four
accused persons, including the applicants, in police
station, Khatima on 18.02.2009, under Sections 452, 323,
506 of IPC. After the investigation, charge-sheet was
submitted against the accused persons for the selfsame
offences. Cognizance on the same was taken. Aggrieved
thereby present application under Section 482 of Cr.P.C.
was preferred by the accused-applicants.
(3.) According to the complainant / respondent no.
2, he was posted as Assistant Commissioner, Commercial
Tax at Khatima and was living in Khatima. He was
married to Manisha Srivastava (non-applicant) on
27.04.2007 at Jalaun (U.P.) according to Hindu rites and
rituals. A daughter was begotten by Manisha Srivastava
out of said wedlock. Wife of respondent no. 2 started
misbehaving with him and his family members. Manisha
threatened them that they will be falsely implicated in
dowry harassment case. On 27.08.2008, at 07:30 P.M.,
when respondent no. 2 and his wife were sitting in their
house, accused-applicants entered into the house and
assaulted him. Applicant no. 2 put revolver in the temple
of respondent no. 2 and said that he was taking Manisha
Srivastava (his neice) alongwith him. If respondent no. 2
dared to lodge a report in the police, he will be doing so
at his own peril. Accused-applicants took Manisha,
daughter alongwith all other valuables in a car and went
to Jalaun. An FIR was attempted to be lodged at police
station Khatima, but to no avail. Respondent no. 2 wrote
an application to Sr. Supreintendent of Police, Udham
Singh Nagar, but no action was taken. Lastly, after filing
an application under Section 156(3) of Cr.P.C., the FIR
could be registered.;
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