ANIL SHARMA AND TWO OTHERS Vs. STATE OF UTTARAKHAND AND ANOTHER
LAWS(UTN)-2013-10-106
HIGH COURT OF UTTARAKHAND
Decided on October 25,2013

Anil Sharma And Two Others Appellant
VERSUS
State of Uttarakhand and another Respondents

JUDGEMENT

- (1.) The applicants, by means of present petition/application moved under Section 482 Cr.P.C., seek to quash the summoning order dated 20.08.2009 and the entire proceedings of Criminal Case No. 719 of 2009, Nazma vs. Anil Sharma and others, for the offences punishable under Sections 452, 323, 504, 506, 354 and 392 of IPC, pending before the Court of Special Judicial Magistrate, Rudrapur, District Udham Singh Nagar.
(2.) A criminal complaint case was filed by the complainant/respondent no. 2 against the applicants. Statements of the complainant and her witnesses were recorded under Sections 200 and 202 Cr.P.C. After considering the statements, as also the documents, learned Judicial Magistrate, Udham Singh Nagar passed an order on 20.08.2009 whereby the accused-applicants were summoned to face the trial for the offences punishable under Sections 452, 323, 504, 506 , 354 and 392 IPC. Aggrieved against the same, present application under Section 482 Cr.P.C. was moved by the applicants.
(3.) A perusal of the contents of the criminal complaint case, statement under Section 200 Cr.P.C. and statements under Section 202 Cr.P.C. will reveal that there was sufficient ground for proceeding against the accused-applicants, as prima facie offences were made out against the accused-applicants. Factual foundation for the offences complained of against the applicants is laid. It cannot be said at this stage that the complaint was false and was filed as a counterblast to the complaint filed on behalf of the present applicants. There is no illegality in the impugned order. No interference is called for in the same.;


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