VISHNU NARAIN SHEOPURI Vs. STATE OF UTTARAKHAND AND ANOTHER
LAWS(UTN)-2013-7-116
HIGH COURT OF UTTARAKHAND
Decided on July 03,2013

Vishnu Narain Sheopuri Appellant
VERSUS
State of Uttarakhand and another Respondents

JUDGEMENT

- (1.) The applicant, by means of present application under Section 482 Cr.P.C., seeks to quash the charge sheet dated 01.03.2008 as well as entire proceedings of criminal case no. 6692 of 2008, captioned as State vs. Vishnu Narain Sheopuri, under Sections 384, 385, 394, 406 and 506 IPC, pending in the Court of learned Additional Chief Judicial Magistrate 1st, Dehradun.
(2.) A first information report was lodged by informant-respondent Pooja Bhatiya against the accusedapplicant on 28.08.2007 in PS Cantt., District Dehradun, in respect of offences punishable under Sections 384 and 385 IPC. The incident was alleged to have taken place on 13.06.2007. After the investigation, a charge sheet for the offences punishable under Sections 294, 506, 406, 384 and 385 IPC was submitted. Cognizance on the said charge sheet was taken. Aggrieved against the said order, present petition under Section 482 Cr.P.C. was moved.
(3.) The whole controversy, in the instant case, revolves around the fact as to whether the respondent no. 2 married to the applicant or not If it is shown that no marriage was solemnized between the respondent no. 2 and the applicant, then, prima facie, the offences complained of against the accused-applicant are made out. It is settled law that the factual aspects of the matter need not be gone into by the High Court in exercise of it s jurisdiction under section 482 Cr.P.C. In other words, if it is shown that no marriage took place between the respondent no. 2 and applicant, then there is no question of doubting the allegations levelled against the applicant. But if it is prima facie shown that the marriage between the applicant and the respondent no. 2 took place, then no offence against the accused-applicant is made out on the face of it.;


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