PRAVESH & OTHERS Vs. PARVATI DEVI
HIGH COURT OF UTTARAKHAND
Pravesh And Others
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(1.) The applicants, by means of present petition/application moved under Section 482 Cr.P.C., seek to set aside the impugned summoning order dated 06.01.2007, passed by the Judicial Magistrate, Khatima in Complaint Case no. 109 of 2007, Smt. Parvati vs. Pravesh and others and order dated 23.06.2008, passed by learned Sessions Judge, Udham Singh Nagar in Criminal Revision No. 23 of 2007. A further prayer has been made to quash the entire proceedings of the above noted complaint case.
(2.) Notice was issued to the respondent Parvati Devi, but none appeared for her, despite personal service of notice upon her (vide endorsement of the registry dated 16.10.2008).
(3.) Initially, a first information report was lodged by the respondent Smt. Parvati Devi against all the accused persons in reporting outpost Majhola, PS Khatima, District Udham Singh Nagar, on 01.12.2005, in respect of offences punishable under Sections 147, 452, 323, 504, 506 IPC and Section 3(1)(X) SC & ST Act, 1989. The investigation was conducted into the said first information report. After the investigation, a Final Report was submitted on 05.12.2005.
A protest petition was filed by the respondent Smt. Parvati Devi. She prayed for rejection of the Final Report and cancellation of proceedings initiated against her under Section 182 Cr.P.C. Thereafter, the statement of Parvati Devi was recorded under Section 200 Cr.P.C. The statements of PW 1 Panchdeo and PW 2 Om Prakash were recorded under Section 202 Cr.P.C. On the basis of the statements of said witnesses and having found a prima facie case against them, accused persons were summoned to face trial for the offences punishable under Sections 323, 452, 504, 506 IPC and Section 3(1)(X) SC & ST Act, 1989 vide order dated 06.01.2007. A Criminal Revision was also filed against the impugned order, which was dismissed vide order dated 23.06.2008. Aggrieved against the said order, present application under Section 482 Cr.P.C. was moved.;
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