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Judgment
Prafulla C. Pant, J.—Heard.
By means of this petition moved u/s 482 of Code of Criminal Procedure, 1973 (for short Code of Criminal Procedure ), the Petitioners have sought quashing of the proceedings of Criminal complaint case No. 263 of 2006, Kamla Visht v. Jeevan Singh and Ors., relating to offences punishable u/s 498A, 323, 504 Indian Penal Code, and one punishable u/s 3/4 Dowry Prohibition Act, 1961, pending in the court of Civil Judge (Jr. Div.)/Judicial Magistrate, Ranikhet.
It appears that criminal complaint was filed way back in the year 2006, and impugned summoning order was also passed in the year 2006. This petition has been filed after about four years of passing of summoning order challenging the same. The perusal of the petition shows that factual disputes and plea of innocence has been raised by the Petitioners in the case. Such factual disputes can be examined by the trial court after recording the evidence. It is not desirable on the part of this Court to give finding as to the innocence of the Petitioners.
Therefore, without expressing any opinion as to final merits of the case, this writ petition is dismissed with the observation that the Petitioners are at liberty to raise their plea of innocence before the trial court. (Stay application No. 1287 of 2010, stands disposed of).