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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 challenged the order dated 04.06.2011, passed by III Additional Sessions Judge, Dehradun, in criminal appeal No. 75 of 2009, whereby said court has dismissed the appeal.
Brief facts, of the case, are that Respondent Sarika appears to have filed a petition under Protection of Women from Domestic Violence Act, 2005, before the Additional Chief Judicial Magistrate,II, Dehradun. Said proceedings were challenged before the lower appellate court and dismissed by said court.
The Respondent is a widowed woman whose husband died on 27.08.2008. She is living with her two children. The petition is filed by the Respondent against her in-laws. Factual pleas of innocence are taken in defence by the Petitioners which can be examined by the trial court after recording evidence by it whether or not the Respondent is entitled to the reliefs she has claimed as against the present Petitioners. This Court in its jurisdiction u/s 482 Code of Criminal Procedure, is not inclined to go into the merits of the factual pleas raised by the Petitioners.
Therefore, without expressing any opinion as to final merits of the case pending before the Magistrate the petition u/s 482 Code of Criminal Procedure, is dismissed summarily with the observation that the pleas of defence may be raised by the Petitioners before the trial court.