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2024 DAILYLAW 769 (UTT)

KAVITA AND ORS v. STATE OF UTTARAKHAND

C482/754/2024 · 2026-05-07

Alok Mahra

body2024

Judgment text

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No Date Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures COURT’S OR JUDGES’S ORDERS C-482 No. 754 of 2024 Hon ’ble Alok Mah r a, J. Mr. S.P. Sharma, learned counsel for the applicants. 2. Mr. V.S. Pal, learned A.G.A. for the State. 3. Mr. Devendra Kr. Mishra, learned counsel for the complainant. 4. The present criminal misc. application is filed with a prayer to quash and set-aside the summoning order dated 06.01.2024 as well as the entire proceedings of Complaint Case No. 2268 of 2023, Pushpak Kumar Vs. Kavita and Others, under Sections 323, 504 and 506 of IPC, pending in the court of learned ACJM, Kashipur, District Udham Singh Nagar. 5. Heard learned counsel for the parties and perused the record. 6. In this case, a complaint was filed by the complainant in which it was alleged that the applicant no. 1 who is his wife alongwith her brother and other family members came to the house of the applicant and beat him and all his family members, who sustained serious injuries. Medical is also filed in support of the complaint. After recording the statements under Section 200 and 202 Cr.P.C., summons were issued. 7. Heard learned counsel for the parties and perused the record. 8. Perusal of the impugned summoning order would reveal that the Judicial Magistrate concerned, after applying its judicial mind, has rightly summoned the applicants to face the trial and the summoning order has been passed as the court concerned was prima facie satisfied with the averments made in the plaint as well as with the statements recorded under Section 200 and 202 Cr.P.C. 9. The court concerned has considered & discussed all relevant aspects. Thus, the view taken by the learned Judicial Magistrate concerned cannot be faulted. This Court does not find any infirmity or illegality in the impugned summoning order dated 06.01.2024 passed by the court of learned ACJM, Kashipur, District Udham Singh Nagar in Complaint Case No. 2268 of 2023, Pushpak Kumar Vs. Kavita and Others, under Sections 323, 504 and 506 of IPC. Hence, this Court does not find any reason to interfere with the impugned order. 10. Accordingly, the criminal misc. application fails and is hereby dismissed. ( Alok Mah r a J.) 07.05.2026 Ujjwal