MANMEET SINGH Vs. JAYA ARORA

JUDGEMENT

(1.) THE applicants, by means of present Application under Section 482 Cr.P.C., seek to quash the impugned summoning order dated 04.03.2010 as well as entire proceedings of Criminal Complaint Case No. 401 of 2010, under Sections 498 -A, 323, 504 of IPC and of the Dowry Prohibition Act, pending before the Judicial Magistrate, Rudrapur, District Udham Singh Nagar.

(2.) NONE is present for the respondent no.2, despite service of notice upon her.

(3.) COMPLAINANT (respondent no. 2 herein) filed a criminal complaint case against four accused persons including the applicants in the Court of Judicial Magistrate, Rudrapur, District Udham Singh Nagar for the offences punishable under Sections 498 -A, 323, 504 IPC and of the Dowry Prohibition Act. Statement of the complainant Smt. Jaya Arora was recorded under Section 200 Cr.P.C. and statements of Jagdish Arora, Jaimal Singh and Tirthraj were recorded under Section 202 Cr.P.C. Since the accused persons lived in a place which was beyond the jurisdiction of the Judicial Magistrate, therefore, he directed SO concerned to investigate into the matter. SO Kichha inquired and submitted his report. He found the ingredients of the complaint to be true. On the basis of such statements (under Sections 200 and 202 Cr.P.C.) and the inquiry report of PS concerned, having found a prima facie case against the accused persons, they were summoned to face the trial for the offences punishable under Sections 498 -A, 323, 504 IPC and of the Dowry Prohibition Act, vide order dated 04.03.2010. Aggrieved against the impugned order dated 04.03.2010, the present application under Section 482 Cr.P.C. was filed by the applicants.