LAWS(UTN)-2013-11-101

KAUSHALYA DEVI AND OTHERS Vs. SUMAN RAWAT

Decided On November 26, 2013
Kaushalya Devi And Others Appellant
V/S
Suman Rawat Respondents

JUDGEMENT

(1.) The applicants Smt. Kaushalya Devi, Gambhir Singh Rawat, Yatendra Singh Rawat and Km. Jiya Rawat @ Gudiya, by means of present petition moved under Section 482 Cr. P.C., seek to quash the summoning order dated 11.09.2009 passed by the In-charge Chief Judicial Magistrate, Dehradun, in Complaint Case No. 3705 of 2009, Smt. Suman vs. Sri Jitendra and others, under Section 406 IPC, pending before the said Court.

(2.) The complainant (respondent herein) filed a complaint against five accused persons including the applicants in the Court of In-charge Chief Judicial Magistrate, Dehradun , in respect of offence punishable under Section 406 IPC. After recording of statement of the complainant under Section 200 Cr.P.C. and statement of Mahraj Singh Negi along with Bharat Singh under Section 202 Cr.P.C., accused persons were summoned to face the trial under Section 406 IPC vide order dated 11.09.2009, passed by the learned ACJM, Dehradun. Aggrieved against the same, present application under Section 482 Cr.P.C. was preferred.

(3.) Applicant no. 1 is mother-in-law, applicant no. 2 is father-in-law, applicant no. 3 is brother-in-law and applicant no. 4 is sister-in-law (nanad) of the respondent. Her husband Jitendra Singh Rawat is not the applicant in this petition under Section 482 Cr.P.C.