NARENDRA PAL SINGH Vs. STATE OF UTTARAKHAND AND ANOTHER
HIGH COURT OF UTTARAKHAND
NARENDRA PAL SINGH
State of Uttarakhand and another
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(1.) Since aforementioned applications under Section 482 Cr.P.C. arise out of one judgment, therefore, they are being decided together by this common judgment and order for the sake of brevity and convenience.
(2.) The applicants, by means of present applications under Section 482 Cr.P.C., seek to quash the order dated 07.11.2009 (annexure-14) passed by learned Additional Chief Judicial Magistrate, Kashipur, Udham Singh Nagar in Criminal Complaint No. 440 of 2009, captioned as Jaswant Kaur vs. Narendra Pal Singh and others, as well as order dated 27.11.2010 (annexure-16) passed by learned Sessions Judge, Udham Singh Nagar in Criminal Revision No. 191 of 2009.
(3.) Complainant (respondent no. 2 herein), taking recourse to Section 156 (3) Cr.P.C., lodged a criminal complaint case against seven accused persons (applicants herein) in the Court of Additional Chief Judicial Magistrate, Kashipur, District Udham Singh Nagar. Complainant's statement under Section 200 Cr.P.C. was recorded. Statements of Cap. Satpal Singh and Charan Singh were recorded under Section 202 Cr.P.C. Documentary evidence was also filed. After having found a prima facie case against the accused persons, they were summoned to face the trial under Sections 498-A, 323, 504, 506, 452 IPC and Section 3/4 of the Dowry Prohibition Act, vide order dated 07.11.2009 passed by learned Additional Chief Judicial Magistrate, Kashipur. Feeling aggrieved against the same, Criminal Revision No. 191 of 2009 was filed, which was dismissed by the Revisional Court vide order dated 27.11.2010. Aggrieved against the order of Revisional Court, the aforementioned two applications under Section 482 Cr.P.C. were filed.;
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