Extracted from the PDF above. The PDF is authoritative.
2025:UHC:2493 SL. No. Date Office Notes, reports, orders or proceedings or directions and Registrar’s
order with Signatures COURT’S OR JUDGE’S ORDERS
C482 No.1323 of 2022 Hon’ble Pankaj Purohit, J.
Mr. Sanjay Kumar, learned counsel for the applicant.
2. Mr. S.C. Dumka, learned AGA along with Ms. Sweta Dobhal, learned B.H. present for the State.
3. Challenge herein is to the proceedings of Complaint Case No.1782 of 2022 (Umesh v. Ramautar and others) u/s 498-A, 323, 504 and 506 IPC r/w Section 4 of Dowry Prohibition Act pending before the Court of Addl. CJM, Kashipur, Distt. U.S. Nagar.
4.
Facts in brief are that an application was moved by informant/respondent no.2 u/s 156(3) Cr.P.C., before the ACJM Kashipur. The said application was registered as a complaint case by the Court concerned. The allegations in the application related to matrimonial cruelty attributed to his sister named Ms. Jyoti. Before the Court below, statements under Sections 200 and 202 Cr.P.C. were recorded, and on the basis of evidence so led by the parties, the applicant who is the husband of victim was summoned by the Court to face the trial by order dated 10.05.2022. Hence this petition is filed seeking to quash the entire proceedings.
5. On a perusal of the impugned summoning order, I find that the fact whether the applicant actually committed Marpit with the sister of informant or not; whether did he make any demand of dowry or not, and so on, all these are disputed questions of fact which cannot be gone into at this stage by this Court.
2025:UHC:2493
It is for the trial Court which can give its decision thereon only when the evidence is led by the parties after giving them due opportunity. This Court is not supposed to embark upon an enquiry to look into the disputed questions of fact.
6. In such view of matter, there is hardly any scope of interference. C482 application fails and the same is hereby dismissed. Interim order dated 02.08.2022 is hereby vacated.
7. Inform the Court below which is directed to proceed ahead with the trial expeditiously.
8. Pending application, if any, is disposed of.
(Pankaj Purohit, J.)
03.04.2025 R.Dang