SONU MISHRA AND ANOTHER Vs. STATE OF UTTARAKHAND & ANOTHER
LAWS(UTN)-2013-11-93
HIGH COURT OF UTTARAKHAND
Decided on November 22,2013

Sonu Mishra And Another Appellant
VERSUS
State of Uttarakhand and another Respondents

JUDGEMENT

- (1.) The applicants Smt. Sonu Mishra and Dileep Mishra, by means of present petition moved under Section 482 Cr. P.C., seek to quash the charge-sheet dated 19.08.2007, summoning order dated 13.11.2007 and the entire criminal proceedings of Criminal Case No. 643 of 2007 captioned as State vs. Dileep Mishra and another, in respect of offences punishable under Sections 498-A, 323, 506 of I.P.C., pending in the Court of Judicial Magistrate, Ranikhet, District Almora.
(2.) Informant (respondent no. 2 herein) lodged a first information report against the accused persons (applicants herein) at PS Ranikhet, which was registered as case crime no. 322 of 2007 under Sections 498-A, 323 and 506 IPC. After the investigation, a charge-sheet was submitted against the accused-applicants for the selfsame offences. Cognizance was taken by the learned Magistrate. Accused persons were summoned to face the trial. Aggrieved against the same, present application under Section 482 Cr.P.C. was moved.
(3.) Application under Section 482 Cr.P.C. was dismissed for want of prosecution on 30.05.2013. Thereafter, on an application moved on behalf of the applicants, the petition was restored to it's original number along with interim order vide order dated 11.07.2013. Respondent no.2 was directed to be issued notice. The same was issued. The registry has indicated vide endorsement dated 07.08.2013 that notice was personally served upon the respondent no. 2. None has appeared for her in the Court. No counter affidavit was filed by the respondent no. 2 before dismissal of the application under Section 482 Cr.P.C.;


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