SAVITRI NEGI Vs. STATE OF UTTARAKHAND AND ANOTHER

JUDGEMENT

(1.) By means of present application under Section 482 Cr.P.C., the applicant seeks to quash the impugned charge sheet dated 12.01.2017, cognizance order dated 25.01.2017, as also the entire proceedings of criminal case no. 124 of 2017, State vs Tribhuwan Singh Negi & another, under Section 452, 323, 504, 506 IPC and Section 3(1)(d)(w) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, pending in the court of Addl. Chief Judicial Magistrate, Kotdwar, Pauri Garhwal.

(2.) An FIR was lodged by respondent no.2 against the applicant and her husband on 29.11.2016 at police station Kotdwar, District Pauri Garhwal for the offences punishable under Sections 498, 323, 504, 506, 452 IPC and the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (hereinafter referred to as the SC/ST Act). After the investigation, the Investigating Officer submitted a chargesheet against the applicant for the offences punishable under Sections 452, 323, 504 & 506 IPC and Section 3(1)(d)(w) of the Act. Thereafter, learned Additional Chief Judicial Magistrate, Kotdwar Garhwal took cognizance against the applicant under Sections 452, 323, 504 & 506 IPC and Section 3(1)(d)(w) of the Act, vide impugned order dated 25.01.2017.

(3.) On a bare reading of the FIR, the factual foundation of the offences under Sections 452, 323, 504 & 506 IPC against the accused-applicant is laid. Narrow inspection hole through which this Court is expected to examine the matter under Section 482 Cr.P.C. is whether a prima facie case is made out against the accused-applicant on the basis of FIR and other documents or not?