SHILPI GAGNEJA AND FOUR OTHERS Vs. STATE OF UTTARAKHAND AND ANOTHER
HIGH COURT OF UTTARAKHAND
Shilpi Gagneja And Four Others
State of Uttarakhand and another
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(1.) Since a single charge-sheet was submitted against all the accused/present applicants (in both the applications under section 482 Cr.P.C.), therefore, both of these petitions are being decided by this common judgment and order for the sake of brevity and convenience.
(2.) The applicants Shilpi Gagneja, Smt. Neelam Gagneja, Baldev Gagneja, Amit Gagneja, Gaurav Gagneja and Sachin Gagneja, by means of present petition moved under Section 482 Cr. P.C., seek to quash the charge-sheet dated 17.07.2009 (annexure-7), summoning order dated 21.12.2009 (annexure-8) passed by the Judicial Magistrate, Vikas Nagar, District Dehradun and the proceedings of Criminal Case No. 2707 of 2009, captioned as State vs. Sachin Gagneja and others, under Sections 494, 498-A, 323, 504 and 506 IPC and Section of the Dowry Prohibition Act, pending before the said Court.
(3.) The informant (respondent no. 2 herein) lodged a first information report against six accused persons (applicants herein) on 11.02.2009, at PS Vikas Nagar, District Dehradun, which was registered as Case Crime No. 16 of 2009, under Sections 494, 498-A, 323, 504 and 506 IPC and Section Dowry Prohibition Act. After the investigation, a charge-sheet was submitted against the accused persons for the selfsame offences. Cognizance was taken on the charge-sheet and accused persons were summoned to face the trial for the said offences. Aggrieved against the same, present applications under Section 482 Cr.P.C. were filed by the applicants.;
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