ANIL RAYAL AND OTHERS Vs. SARIKA DEVI

JUDGEMENT

(1.) The applicants, by means of present application / petition under Section 482 of Cr.P.C., seek to quash the summoning order dated 01.10.2010, as well as the proceedings of criminal case no. 1192 of 2010, Sarika Devi vs Anil Rayal and others, under Section 406 of IPC, pending in the court of Addl. Judicial Magistrate, Rishikesh, District Dehradun.

(2.) A criminal complaint case was filed by the complainant (respondent herein) against three accused persons (applicants herein), in the court of Addl. Judicial Magistrate, Rishikesh. Statement of the complainant was recorded under Section 200 of Cr.P.C. and statements of Baldev Upreti and Sundar Singh were recorded under Section 202 of Cr.P.C. Some other documents were also filed. Learned Addl. Judicial Magistrate, Rishikesh, vide order dated 01.10.2010, found a prima facie case for the offence punishable under Section 406 of IPC against the accused-applicants. Aggrieved against the same, present application under Section 482 of Cr.P.C. was filed.

(3.) On a bare perusal of the statements recorded under Sections 200 and 202 of Cr.P.C., foundation of criminal offence under Section 406 of IPC was laid against the applicants.