DHEERAJ RAJVANSHI Vs. STATE OF UTTARANCHAL

JUDGEMENT

(1.) BY way of this petition under Section 482 of Cr.P.C. the petitioner have sought the relief for setting aside the impugned order dated 25.9.2002 passed by Chief Judicial Magistrate, Dehradun, in Case no., 2044 of 2002, State vs. Dheeraj Rajvanshi & other, under Section 498A I.P.C. and 3, 4 Dowry Prohibition Act and also quashing the charge sheet dated 6.7.2002 submitted in Case Crime No. 340 of 2002 as well as for quashing the entire proceedings of the aforesaid case. Brief facts of the case are that respondent no. 2 filed a complaint to the police against the petitioners on 24.5.2002 and police registered the case under Section 498A of IPC and 3, 4 of Dowry Prohibition Act, as Crime No. 340 of 2002, against the petitioners. During investigation, police recorded statements of witnesses under Section 161 of Cr.P.C. After investigation, the police submitted charge sheet against the petitioners. Thereafter, the learned Magistrate on the basis of charge sheet submitted by the police, took cognizance against the petitioners and summoned them to face the trial, under Section 498A, IPC and 3, 4 of Dowry Prohibition Act, vide order dated 25.9.2002.

(2.) THE petitioners have thus challenged the aforesaid impugned order dated 25.9.2002, charge sheet as well as entire proceedings of criminal case by way of this petition under Section 482 of Cr.P.C.

(3.) LEARNED counsel for the petitioners has submitted that marriage of petitioner no. 1 and Smt. Babita (daughter of respondent no. 2) was performed on 17.2.2002 at Dehradun and at the time of marriage petitioner no. 1 was in Government Service in Roadways and his duty hours was about 24 hours. He has further submitted that petitioner no. 2 is the mother of petitioner no. 1.