SARTHAK VARMA Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) By means for the present C482 application, the applicant has put to challenge the Charge-sheet No.32 of 2022 dtd. 24/3/2022, cognizance/summoning order dtd. 29/4/2022 passed by learned Chief Judicial Magistrate, Dehradun and the entire proceedings of Criminal Case No.3017 of 2022 State Vs. Sarthak Verma, under Ss. 504, 506, 420, 375(4), 376, 493, 495 and 496 IPC, pending in the Court of learned Chief Judicial Magistrate, Dehradun.

(2.) The brief facts of the case are that respondent No.2 had lodged an FIR on 10/9/2021 being Case Crime/FIR No.0178 of 2021 at P.S. Basant Vihar, District Dehradun, alleging that the applicant, while concealing the fact of his earlier marriage, married her on 24/8/2020 as per Hindu Rites and Rituals, and thereafter, she was also subjected to physical and mental cruelty by the applicant and her in-laws for demand of dowry. Upon discovering applicant's subsisting prior marriage, she was left deceived and sexually exploited. Thereafter, an FIR was registered under Ss. 498-A, 494, 377, 323, 504, 506 IPC and under Sec. 3/4 of the Dowry Prohibition Act, 1961. During investigation, certain Ss. were dropped by the first Investigating Officer, but after changing of Investigating Officer, further offences were added and a charge-sheet dtd. 24/3/2022, came to be filed under Ss. 504, 506, 420, 375(4), 376, 493, 495 and 496 IPC, and thereafter, the learned Chief Judicial Magistrate took cognizance and summoned the applicant for trial under the aforementioned Ss. . Hence, this C482 application.

(3.) Learned counsel for the applicant vehemently argues that the Investigating Officer has framed the charge-sheet in a mechanical manner without proper investigation and perusal of materials on record. This is evident from the fact that certain penal provisions were excluded during initial investigation and added later, only at the second round of investigation at the behest of respondent No.2. He further argues that the learned Chief Judicial Magistrate, without due application of mind and in a routine manner, has taken cognizance and summoned the applicant for trial.