High CourtsSingle Bench(2011) 12 UK CK 0060

Smt Megha Upadhayay vs Raghunandan Upadhayay, Nirdosh Kumar and Smt Taramani

Uttarakhand High Court · Decided on 14 December 2011

HON’BLE JUDGES
Prafulla C. Pant, J
RESULT
Dismissed
CASE NUMBER
Criminal Miscellaneous Application (C-482) No. 1086 of 2011

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Judgment

6 paragraphs · 251 words

Hon''ble Prafulla C. Pant, J.—Heard.

2.

By means of this petition, moved u/s 482 of Code of Criminal Procedure, 1973, the petitioner has challenged the order dated 24.10.2011, passed by Sessions Judge, Hardwar, in Criminal Revision No. 193 of 2011, whereby said court has allowed the revision and set aside the summoning order passed by the Chief Judicial Magistrate, Hardwar, in Criminal Complaint Case No. 916 of 2010.

3.

Learned counsel for the petitioner (complainant) submitted that the revisional court has erred in law in setting aside the summoning order passed against the respondents by the Magistrate. It is further pleaded that the questions of fact were required to be examined by the trial court.

4.

However, on going through the papers on record, this court finds that the complainant (present petitioner) got married to Pankaj Sharma in the year 1999. It is further revealed that after a period of eleven years, one fine morning the complainant filed criminal complaint, complaining the harassment due to the non fulfillment of demand of dowry, impleading the respondent, and the relatives of husband of the complainant. The revisional court has given reasons at length that it is a case of abuse of process of law on the part of the complainant (present petitioner).

5.

Having gone through the impugned order, and after considering the submissions of learned counsel for the parties, this court finds no error of law committed by the revisional court.

6.

Therefore, the petition u/s 482 of Cr.P.C., is dismissed summarily.