RAM LAL AND OTHERS Vs. STATE OF UTTARAKHAND AND ANOTHER
HIGH COURT OF UTTARAKHAND
Ram Lal and others
State of Uttarakhand and another
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(1.) The applicants, by means of present Application under Section 482 Cr.P.C., seek to quash the summoning order dated 22.11.2008 passed by the Judicial Magistrate, Rishikesh in Criminal Case No.1338 of 2008 titled as State vs. Ram Lal and others under Section 498-A IPC and Section 3/4 Dowry Prohibition Act. The applicants also seek to quash the proceedings of the aforementioned criminal case pending before the said court.
(2.) An FIR was lodged by respondent no.2 (father of victim) against the accused-applicants on 26.09.2008 at Police Station R.O.P. IDPL Rishikesh, District Dehradun for the offences punishable under Section 498-A IPC and Section Dowry Prohibition Act. After the investigation, a charge-sheet was submitted against the accused-applicants for the selfsame offences. The cognizance was taken by the Judicial Magistrate, Rishikesh, vide order dated 22.11.2008 and accused-applicants were summoned to face the trial. Aggrieved against the same, present application under Section 482 Cr.P.C. was filed by the accused-applicants.
(3.) The contents of the FIR were read over by learned counsel for the applicants in the open court. On a bare reading of the FIR, prima facie, the offences punishable under Section 498-A IPC and Section Dowry Prohibition Act are made out against the accused-applicants. Narrow inspection hole through which this Court is expected to examine the matter under Section 482 Cr.P.C. is whether the factual foundation of the offences against the accused-applicants is laid or not The FIR which runs into 3 pages speaks about the involvement of the accused-applicants in committing cruelty and harassment upon the daughter of respondent no.2 in connection with demand of dowry.;
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