LAWS(UTN)-2005-9-21

MOHD. HUSSAIN Vs. STATE OF UTTARANCHAL

Decided On September 17, 2005
MOHD. HUSSAIN Appellant
V/S
STATE OF UTTARANCHAL Respondents

JUDGEMENT

(1.) THIS petition under Section 482, Cr.P.C. has been filed by the applicants for quashing the charge -sheet dated 30.11.2003 submitted in Case Crime No. 505 of 2003 under Sections 498A, 420, 506, 120B, 323, I.P.C. and 3/4, Dowry Prohibition Act. The petitioners have also prayed for setting aside the summoning order dated 13.1.2004 passed by Civil Judge (J.D.)/Judicial Magistrate, Kashipur, District Udham Singh Nagar in Criminal Case No. 44 of 2004, State v. Mohd. Hussain and Others.

(2.) BRIEF facts giving rise to this petition are that the opposite party No. 2, namely, Mohd. Umar lodged a First Information Report against the petitioners under Sections 498A, 420,506,120B, 323, I.P.C. and 3/4, Dowry Prohibition Act. The police investigated the matter and submitted the charge -sheet against the petitioners on 30.11.2003.

(3.) FEELING aggrieved by the aforesaid impugned order the petitioners have filed this petition for setting aside the impugned summoning order as well as for quashing the charge -sheet submitted against the petitioners before the Court below.