LAWS(ALL)-2000-2-78

UDAIPAL SINGH Vs. STATE OF UTTAR PRADESH

Decided On February 04, 2000
UDAIPAL SINGH Appellant
V/S
STATE OF UTTAR PRADESH Respondents

JUDGEMENT

(1.) This application under Section 482, Cr. P.C. has been filed for quashing the charge sheet and summoning order dated 9-6-1995 passed by Chief Judicial Magistrate, Hamirpur and the entire proceeding of Case No. 1150 of 1995 (Crime No. 168 of 1994), State of U.P. v. Udai Pal Singh under Section 498-A I.P.C. and 3/4 Dowry Prohibition Act., P.S. Binwar, district Hamirpur.

(2.) It appears that Smt. Poonam Singh opposite party No. 2 lodged a report on 26-7-1994 at P.S. Binwar, district Hamirpur against the applicants under Section 498-A, I.P.C. and 3/4 Dowry Prohibition Act with the allegation that she was married with Balwant Singh applicant No. 3 according to Hindu Rites in the year 1991. When she started residing with the applicants they started demanding dowry and treating her with cruelty. Ultimately she was rescued by the police from the confinement of the applicants on 27-6-1994. On the above report the police registered a case a crime No. 68 of 1994 and after investigation submitted charge sheet against the applicants under Section 498-A, I.P.C. and 3/4 Dowry Prohibition Act.

(3.) On the basis of charge sheet learned Chief Judicial Magistrate summoned the applicants vide order dated 9-8-1995. The above summoning order, the charge sheet and the proceeding arising out of it has been sought to be quashed in this proceeding.