AJAY KUMAR Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) SINCE both these applications under Sections 482 of Cr.P.C. have arisen out of same order, i.e., summoning order dated 08.09.2010, therefore, they are being decided by this common judgment and order for the sake of brevity.

(2.) THE applicants, by means of present applications/petitions under Section 482 of Cr.P.C., seek to quash and set aside impugned summoning order dated 08.09.2010, as also the proceedings of criminal complaint case no. 2398 of 2010, Smt. Anju vs Ajay Kumar and others, under Section 406 of IPC, relating to police station, Kotwali, Manglaur, District Haridwar, pending in the court of learned Judicial Magistrate, Roorkee.

(3.) COMPLAINANT Smt. Anju (respondent herein) filed a criminal complaint case against Ajay Kumar, Dheeraj and Vedpal in the court of Judicial Magistrate, Roorkee, for the offence punishable under Section 406 of IPC. Applicant Ajay Kumar was the husband, applicant Dheeraj was brother -in -law and applicant Vedpal was father -in -law, respectively, of the complainant. Statement of the complainant was recorded under Section 200 of Cr.P.C. Statements of the witnesses, namely, Ajay Chaudhary and Rajendra Singh were recorded under Section 202 of Cr.P.C. The complainant also filed a copy of charge -sheet of the related dowry case against the accused persons and also filed a copy of application addressed to Dy. Superintendent of Police in support of her case. After having found a prima facie case under Section 406 of IPC, accused Ajay Kumar, Dheeraj and Vedpal were summoned to face the trial, vide order dated 08.09.2010. Aggrieved against the same, present applications under Section 482 of Cr.P.C. were filed by the applicants.