ARUN ASWAL Vs. STATE OF UTTARAKHAND & ANOTHER

JUDGEMENT

(1.) In this case the First Information Report was lodged by respondent No. 2 Mamta Aswal, under Sections 498A and 504 of I.P.C. at Police Station Cantt., District Dehradun. The case was registered as Criminal Case No. 1037 of 2015, which is pending in the court of Judicial Magistrate 2nd, Dehradun. Subsequently, after investigating the matter, the police submitted the chargesheet against the present applicant. Consequently, the learned Magistrate took cognizance against the applicant. Hence, the present application under Section 482 Cr.P.C. before this Court.

(2.) In this case counter affidavit has been filed on behalf of the State. In spite of notice no one has put in appearance on behalf of respondent No. 2 before this Court. Initially this Court stayed the summoning order dated 30.03.2015 passed by the court below as far as present applicant is concerned. Since there was no stay of the proceeding before the court below, therefore, the court below issued bailable warrants against the applicant.

(3.) Heard Mr. Vikas Bahuguna, learned counsel for the applicant, Mr. V.S. Pal, learned A.G.A. for the State and perused the records.