LAWS(UTN)-2023-12-37

IMRAN AZIZ Vs. STATE OF UTTARAKHAND

Decided On December 04, 2023
Imran Aziz Appellant
V/S
STATE OF UTTARAKHAND Respondents

JUDGEMENT

(1.) The applicants-accused persons have invoked the inherent jurisdiction of this Court under Sec. 482 of the Code of Criminal Procedure, 1973 to quash the charge-sheet, cognizance order dtd. 27/8/2022 and the entire proceedings of Criminal Case No. 28 of 2021, 'State vs. Imran Aziz and Others', pending before the Court of Additional Chief Judicial Magistrate/Additional Senior Civil Judge, Roorkee, District Haridwar.

(2.) Subsequent to the submission of charge-sheet, learned Magistrate took cognizance and passed the impugned summoning order against the applicants-accused persons, namely, Imran Aziz, husband of the respondent no.2/informant/victim, Aziz Ullah, aged about 78 years, father-in-law of the respondent no. 2, and, Smt. Amir Bano, aged about 72 years, the mother-in-law of the respondent no. 2.

(3.) The Trial Court has framed charges against the applicant no. 1, husband of the respondent no. 2, under Ss. 323, 504, 506, 498A of the Indian Penal Code, 1860 and Sec. 3/4 of the Dowry Prohibition Act, 1961 and against the applicant no. 2 and applicant no. 3 for the offence under Sec. 498A of the Indian Penal Code, 1860 and Sec. 3/4 of the Dowry Prohibition Act, 1961.