C482/175/2014 of Smt. Pratibha Vs State Of Uttarakhand AND ANOTHER
Parties
- By means of present application under Section 482 Cr.P.C., the applicant seeks to quash the summoning order dated 03.05.2013, as also the entire proceedings of Criminal Complaint Case No. 79 of 2013, (PETITIONER)
- The Order impugned is accordingly set aside. C-482 Petition is disposed of by remitting the matter back to the learned Trial Court for taking a fresh decision in accordance with law, in the light of a (RESPONDENT)
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C-482 No. 175 of 2014
U.C. Dhyani, J.
Mr. Ramji Srivastava, Advocate for the applicant.
Mr. Nandan Arya, Dy. Advocate General for the respondent State.
Ms. Pushpa Joshi, Sr. Advocate assisted by Mr. Saurav Adhikari, Advocate for respondent no. 2.
By means of present application under Section 482 Cr.P.C., the applicant seeks to quash the summoning order dated 03.05.2013, as also the entire proceedings of Criminal Complaint Case No. 79 of 2013, Smt. Priya vs Smt. Pratibha & another, under Sections 323, 504, 506 IPC, pending before Judicial Magistrate II, Dehradun.
criminal complaint case was filed by respondent no. 2 against the applicant in the Court at Dehradun. The accused-applicant lives in Haridwar. After recording the statements under Sections 200 and 202 Cr.P.C., accused-applicant was summoned to face the trial for the offences punishable under Sections 323, 504, 506 IPC.
Accused-applicant is admittedly resident of District Haridwar. Learned counsel for the applicant, therefore, fairly submitted that the matter needs to be remitted back to Trial Court for passing an order afresh in the light of proviso to Section 202 Cr.P.C. and the decisions of Hon’ble Apex Court in National Bank of Oman vs. Barakara Abdul Aziz and another, reported in (2013) 2 SCC (Cri) 731 and in Abhijit Pawar vs. Hemant Madhukar Nimbalkar & Anr. reported in (2017) 3 SCC 528.
The Order impugned is accordingly set aside. C-482 Petition is disposed of by remitting the matter back to the learned Trial Court for taking fresh decision in accordance with law, in the light of above.
(U.C. Dhyani, J.) 24.08.2017