RAJENDRA KUMAR SETHI Vs. STATE OF UTTARANCHAL

JUDGEMENT

(1.) <DJG>DHARAM VEER, J.</DJG> This application moved by the applicant u/s 482 of the Code of Criminal Procedure, 1973 (hereinafter to be referred as Cr.P.C.), is directed with the prayer for quashing the FIR in Case Crime No.799/1996 and charge sheet filed therein dated 23.10.1996 and also to quash the order dated 23.3.2002 passed by the Additional Sessions Judge/I FTC, Dehradun and drop the proceedings of Crl. Case No.1458/1996, State Vs. Rajendra Kumar Sethi & another.

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

(3.) In brief, the facts of the case are that respondent no.4-Ruchi Subedi lodged an FIR at P.S. Kotwali, District Dehradun on 1.9.1996 at 4:00 P.M. against the present applicants-Rajendra Kumar Sethi and Smt. Krishna Sethi, on the basis of which the case was registered as Case Crime No.709/96 U/s 498-A/506/323 IPC. Thereafter, the matter was investigated and the charge sheet was filed by the Investigating Officer in the court. Later on 30.4.1997, learned Chief Judicial Magistrate, Dehradun framed the charge against the present applicants u/s 498-A/323/506 IPC and 3/4 Dowry Prohibition Act. The charges were read over and explained to them to which they pleaded not guilty and claimed to be tried. Thereafter, an application was moved by the applicants on 28.5.1998 before the trial court with a prayer to drop the proceedings against them. On the said application, learned CJM, Dehradun vide order dated 5.9.1998 passed the order thereby allowing the application dated 28.5.1998 moved by the applicants and dropped the proceedings of the case against them and accordingly they were discharged. Against the said order dated 28.5.1998, the State preferred a criminal revision, which was registered and decided being Crl. Revision No.129/1998 vide judgment and order dated 23.3.2002, by the Additional Sessions Judge/First FTC, Dehradun, thereby allowing the revision, quashing the order dated 5.9.1998 passed by the CJM, Dehradun and further directing that the record of the case be sent back to the trial court to proceed as per law after taking the evidence and also to give decision as per law. Now, the applicants, assailing the judgment and order dated 23.3.2002 passed by the revisional court, have come up in C482 petition before this Court.