B.B. Agarwal, J. - (1.) Heard Sri S.K. Tewari, learned Counsel for the petitioners and learned A.G.A.
(2.) One petition under section 482 Cr.P.C. has been moved by Ashutosh Sharma and another petition has been moved by Ramji Krishna Sharma and 3 others against the State of U.P. and Smt. Gunjan Sharma. Both the petitions have been moved for quashing of the charge-sheet No. 17 of 2005 dated 15.2.2005 in case crime No. 4 of 2005 under sections 498-A, 323, 504, 506 I.P.C. and section 3/4 Dowry Prohibition Act, Police Station Mahila Thana Hazratgani. Lucknow. A prayer has also been made in both the petitions to set aside the order dated 29.7.2005 by virtue of which cognizance was taken by the learned Magistrate on the charge-sheet submitted in the aforesaid crime number and passed the order for summoning of the accused.
(3.) The facts of the case are that a report was lodged at Police Station Mahila Thana Hazratganj, Lucknow by opposite party No. 2 Smt. Gunjan Sharma against the petitioners Ashutosh Sharma and Ramji Krishna Sharma and 3 others. After Investigation, charge-sheet was submitted by the police against all the petitioners. All the petitioners of both the petitions were charge-sheeted under section 498-A, 323, 504, 506, I.P.C. and section 3/4 Dowry Prohibition Act, Police Station Mahila Thana Hazratganj, Lucknow. The learned Magistrate appears to have taken cognisance on 29.7.2005 end he ordered for registration of the case and summons were issued to the accused persons. Against the order of taking cognisance by the learned Magistrate, the petitioner Ashutosh Sharma has filed petition No. 1965 of 2005 and Ramji Krishna Sharma and 3 others (accused filed petition No. 1966 of 2005.);