NARENDRA KUMAR VERMA Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) HEARD Mr. S.K. Mandal, Advocate for the applicants, Mr. Nandan Arya, AGA for State of Uttarakhand/respondent no. 1 and Mr. S.K. Chaudhary, advocate for respondent no. 2.

(2.) THIS Criminal Misc. application under Section C -482 has been filed challenging the charge -sheet and the subsequent summoning order dated 10.2.2010 issued to the applicants in Criminal Case No. 386 of 2010 State Vs. Lalit Kumar Varma and others by the court below. As per the charge -sheet an offence is said to have been committed by the present applicants under Sections 498 -A, 323 of IPC read with Section ¾ of Dowry Prohibition Act.

(3.) ADMITTEDLY , the present applicants are "uncles" of Lalit Kumar, who is husband and the principal accused in the matter. Admittedly, these two persons stay in two different houses in a different locality. There are also no specific allegations against them as regarding demand of dowry or regarding cruelty in the first information report. As such the proceedings initiated against them under Sections 498 -A, 323 of IPC read with Section ¾ of Dowry Prohibition Act appear to be an abuse of the process of Court as even on the set of allegations made in the FIR, conviction as against the present accused is a distant possibility, subject to of course, new evidence, if any, presented in the trial. Therefore, in order to secure the ends of justice the proceedings as far as the present applicants are concerned are set aside. However, the present order is only being passed based on the evidence available before this Court. The court below as well as the complainant are at liberty to move an application under Section 319 of Cr.P.C. for including the present applicants as accused as and when any evidence is available.