RAKESH SINGH AND OTHERS Vs. STATE OF UTTARAKHAND AND ANOTHER
LAWS(UTN)-2013-12-83
HIGH COURT OF UTTARAKHAND
Decided on December 09,2013

Rakesh Singh And Others Appellant
VERSUS
State of Uttarakhand and another Respondents

JUDGEMENT

- (1.) The applicants, by means of present application under Section 482 Cr.P.C., seek to quash the summoning order dated 11.08.2010 and the entire proceedings of criminal case no. 147 of 2010, Smt. Manorama Devi vs. Rakesh Singh & others, under Sections 323, and 498-A IPC, pending in the Court of Judicial Magistrate, Ukhimath, District Rudraprayag.
(2.) A criminal complaint case was filed by the complainant (respondent no. 2 herein) against four accused persons including the applicants in the Court of Judicial Magistrate, Ukhimath, District Rudraprayag. Statement of the complainant under Section 200 Cr.P.C. was recorded. Statement of Smt. Vimla Devi was recorded under Section 202 Cr.P.C. The injury report of complainant was also brought on record along with x-ray report. Having found a prima facie case against the accused Rakesh Singh, he was summoned to face the trial under Sections 323 and 498-A IPC. Co-accused Madan Singh and Surji Devi were summoned to face the trial for the offences under Section 498-A IPC vide order dated 11.08.2010. Aggrieved against the same, present application under Section 482 Cr.P.C. was filed.
(3.) When this C-482 Petition was taken up for hearing on 26.08.2010, proceedings of the Court below against accused persons Mandan Singh and Surji Devi were stayed. It was made clear that no interference was being made as regards proceedings against Rakesh Singh and the same will, therefore, continue before the Court below. Accordingly, the proceedings of the criminal case against Rakesh Singh are continuing.;


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