PRABHAT CHATURVEDI Vs. STATE OF U.P.

JUDGEMENT

(1.) By means of this petition under Section 482 of Criminal Procedure Code (for short 'Cr.P.C.') the order dated 30.07.2009 passed by C.J.M, Lucknow in Case No. 4311 of 2009 taking cognizance against the petitioner for trial under Section 498A, 323, 504, 506, 326 IPC and Section D.P. Act on the basis of charge sheet No. 28 of 2009 dated 26.05.2009 in Case Crime No. 69 of 2008, P.S. Hazratganj Mahila Thana, district Lucknow sought to be quashed.

(2.) The brief facts to decide this petition are as under.

(3.) That opposite part No.2 Smt. Archana Chaturvedi gave a written report against the petitioner and his family on 10.11.2008 to Police Station Aliganj, District Lucknow. On the basis of which FIR has been lodged on the same day under Sections 498A, 323, 504, 506 IPC and Section D.P. Act in Case Crime No.69 of 2008. The case was sent to Mahila Thana, District Lucknow. The matter was investigated and thereafter on 26.05.2008 Charge sheet has been filed against the petitioner Prabhat Chaturvedi ,the husband of opposite party No.2.. After investigation family members of the petitioner namely Dinesh Chaturvedi, Ramesh Chaturvedi, Smt. Savitri Chaturvedi, Smt. Sudha Chaturvedi, Smt. Rakhi Chaturvedh and Shiv Kumar Chaturvedi were exonerated. The charge sheet was filed under Sections 323, 326,506, 406,498A IPC and Section Dowry Prohibition Act. The court took cognizance and summon the petitioner vide order dated 23.07.2009.