BRAHASPATI DEVI Vs. STATE OF UTTARANCHAL

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 16.10.2004 passed by Special J.M. First Class, Tehri Garhwal and also to quash the proceedings in Crl. Case No.128/2004, Sunder Lal Vs. Smt. Brahaspati Devi & others, U/s 147/323/354/504/ 506/395/457 IPC.

(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 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/Judge. If the allegations made in the complaint as well as in the statements recorded of complainant u/s 200 Cr.P.C. and the statements of witnesses recorded u/s 202 Cr.P.C. as well as the documentary evidence brought on record, 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.