TIRATH SINGH Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) THIS criminal application, preferred u/s 482 of the Code of Criminal Procedure, 1973 (hereinafter to be referred as Cr.P.C.), is directed for quashing the summoning order-dated 27.2.2009 passed by JM, Rudrapur, US Nagar and also to quash the proceedings of the Criminal Case No.119/2009, State Vs. Tirath Singh @ Soni & others, U/s 498-A/323/506 IPC & 3/4 Dowry Prohibition Act.

(2.) HEARD learned counsel for the parties and perused the material on record.

(3.) EVEN otherwise, the trial court will decide the case after recording the evidence of the complainant as well as of the accused persons and also on the basis of the appreciation of the evidence as per law. It is well settled that while exercising jurisdiction under section 482 of the Cr.P.C., this Court would not ordinarily embark upon the enquiry as to whether the evidence in question is reliable or not or whether on a reasonable appreciation of it accusation would not be sustained. That is the function of the trial court. If the allegations made in the FIR as well as the statements of the complainant and that of other witnesses recorded u/s 161 Cr.P.C. are taken at their face value and accepted in their entirety, I am of the view that the petitioners have rightly been summoned by the trial court. The trial court will decide the case after recording the evidence adduced before it. I am of the view that in the present case there is neither any miscarriage of justice nor any abuse of process of court.