LAXMI CHAND PUNDIR Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) PRESENT petition is filed challenging the charge -sheet dated 17.08.2010 as well as summoning order dated 30.08.2010 passed by Chief Judicial Magistrate, Dehradun whereby police after investigation, filed charge -sheet for the offences punishable under Section 498A, 323, 504, 506 IPC and 3/4 of the Dowry Prohibition Act, before the Chief Judicial Magistrate, Dehradun and Chief Judicial Magistrate was pleased to take cognizance thereon. As per the contents of the FIR, accused persons used to beat Sanyogita Pundir (respondent No. 2), for which she got herself medically examined. There is specific allegation in the FIR to the effect that accused persons not only used to beat her but also used to mentally torture her.

(2.) MR . Pawan Mishra, Advocate for the applicants, submits that in absence of specific allegation that for demand of dowry beating was given, the only offence, which can be said to have been made out, is offence punishable under Section 323 IPC and no offence punishable under Section 498A IPC is made out.