SHASHI KUMAR SINGH AND OTHERS v. STATE OF UTTARAKHAND
C528/1159/2026 · 2026-06-03
Alok Mahra
body2026
DailyLaw.ai
[ 2026 DAILYLAW 6511 (UTT) · dailylaw.ai ]
DailyLaw.ai
[ 2026 DAILYLAW 6511 (UTT) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
No Date Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures COURT’S OR JUDGES’S ORDERS
C528 No. 1159 of 2026 Hon’ble Alok Mahra, J.
Mr. Prabhakar Narayan, learned counsel for the applicants.
2. Ms. Pushpa Bhatt, learned D.A.G. alongwith Mr. Prabhat Kandpal, learned A.G.A. for the State.
3. The present Criminal Misc. Application has been filed by the applicants with a prayer to quash/set-aside the chargesheet, summoning order as well as the entire proceedings of Criminal Case No. 7623 of 2025, under Sections 498-A, 323 and 504 of IPC and Section 3/4 of Dowry Prohibition Act, pending in the court of learned 1st ACJM, District Dehradun.
4.
Learned counsel for the applicants would submit that marriage between the applicant no. 1 and respondent no. 2 was solemnized on 25.11.2022 and after living only for a period of three months in a matrimonial house, the complainant left her matrimonial house on her own sweet will and thereafter she was living in her parental house. The father of the complainant died in the year 2023 and after his death, she was granted compassionate appointment in place of her father and only thereafter, this complaint was lodged. It is further submitted that the Magistrate before taking cognizance has not followed the procedure, as prescribed under Section 202 of Cr.P.C.
5. Per contra, learned State Counsel would submit that the bare perusal of the
summoning order reveals that it is a well reasoned order based on the material on record and chargesheet filed by the Investigating Officer, therefore, the provisions of Section 202 Cr.P.C. have been followed. Learned State Counsel would further submit that all the contentions, as raised by learned counsel for the applicants, are matter of trial.
6. Heard learned counsel for the parties and perused the record.
7. Perusal of the impugned summoning
order dated 11.11.2025 reveals that the evidence collected was placed before the learned court below, which, after applying its judicial mind, has rightly passed the aforesaid
order.
8. The court concerned has considered & discussed all relevant aspects. Thus, the view taken by the learned Magistrate concerned cannot be faulted. This Court does not find any infirmity or illegality in the impugned
order. Hence, this Court does not find any reason to interfere with the impugned order.
9. Accordingly, the criminal misc. application fails and is hereby dismissed.
10. However, it is always open for the applicants to raise all their grievances before the learned Trial Court concerned.
(Alok Mahra J.)
03.06.2026 Ujjwal