SANGEETA Vs. KAVITA 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 22.07.2009, as also the entire proceedings of criminal complaint case No. 296 of 2009, Kavita Devi v. Km. Sangeeta and others, under Sections 427, 147, 504, 506(2) of IPC, pending before the court of Judicial Magistrate, I Class, Karanprayag, District Chamoli.

(2.) COMPLAINANT (respondent herein) filed a criminal complaint case against the accused (applicants herein) in the court of Judicial Magistrate, I Class, Karanprayag, District Chamoli. After recording the statements under Sections 200 and 202 of Cr.P.C. and having found a prima facie case against the accused -applicants, they were summoned to face the trial for the offences punishable under Sections 147, 427, 506 of IPC, vide order dated 22.07.2009. Aggrieved against the same, accused -applicants preferred a criminal revision in the court of Sessions Judge, Chamoli, which criminal revision was dismissed for non -prosecution on 03.01.2011. Aggrieved against the impugned summoning order dated 22.07.2009 and revisional court's order dated 03.01.2011, present application under Section 482 of Cr.P.C. was filed.

(3.) IT will be useful to reproduce herein the provisions contained in Section 397 of Cr.P.C. The same reads as under: