LAWS(UTN)-2022-12-29

VIJAY KUMAR Vs. STATE OF UTTARAKHAND

Decided On December 22, 2022
VIJAY KUMAR Appellant
V/S
STATE OF UTTARAKHAND Respondents

JUDGEMENT

(1.) The applicants " accused persons, namely, Vijay Kumar, Smt. Vimal, Sarita, Sonam and Rubi have invoked the inherent jurisdiction of this Court under Sec. 482 of the Code of Criminal Procedure, 1973, to quash the impugned charge-sheet, cognizance/ summoning order dtd. 19/2/2021 and the entire proceedings of Criminal Case No.1359 of 2021, "State of Uttarakhand vs. Vimla Devi and Others", pending before the court of Additional Chief Judicial Magistrate/ IVth Additional Senior Civil Judge, Udham Singh Nagar.

(2.) Subsequent to submission of the charge-sheet, learned Trial Court took the cognizance and passed the impugned summoning order against the applicants " accused persons for the offence under Ss. 147, 148, 149, 324, 504 and 506 of the Indian Penal Code, 1860.

(3.) Heard Mr. Vikas Kumar Guglani, learned counsel for the applicants - accused persons, Mr. T.C. Agarwal, learned Deputy Advocate General for the State and Mr. B.S. Koranga, learned counsel for the private respondent nos.2 to 5/victims.