Office Notes,
reports, orders
SL.
or proceedings
Date COURT’S OR JUDGES’S ORDERS
No or directions and
Registrar’s order
with Signatures
29.11.2024
C-528 No. 819 of 2024
Hon’ble Vivek Bharti Sharma, J.
Mr. Ajay Joshi, counsel for the petitioner.
2. Mr. G.S. Sandhu, Additional Advocate General
along with Ms. Mamta Joshi, Brief Holder for the
State.
3. Counsel for the petitioner would submit that
this petition is filed by the petitioner/accused to quash
the summoning order dated 18.07.2024 passed by
learned Civil Judge (Junior Division)/Judicial
Magistrate, Sitarganj, District Udham Singh Nagar in
Criminal Complaint No. 381 of 2023 under Section
323, 498A I.P.C. and Section 3/4 of Dowry Prohibition
Act.
4. Counsel for the petitioner would submit that the
matter is related to the matrimonial dispute; that, the
petitioners are innocent and have falsely been
implicated in the instant case; that, the allegations
leveled in the complainant are completely imaginary
and without any basis, therefore, entire proceedings of
the criminal case is unsustainable in the eyes of law.
5. To this, State counsel would submit that against
the summoning order, petition has an equally
efficacious remedy of filing revision before the
concerned Sessions Court but the petitioner
straightaway approached before this Court, therefore,
the petitioner is not entitled for any relief at this stage
by this Court .
6. To this, counsel for the petitioner seeks
permission to withdraw the petition with liberty to
approach before the appropriate forum for redressal of
his grievances.
7. Permission is granted.
8. Present petition is dismissed with liberty as
above.
(Vivek Bharti Sharma, J.)
MAMTA
29.11.2024
RANI
Mamta
Digitally signed by MAMTA RANI
DN: c=IN, o=HIGH COURT OF UTTARAKHAND,
ou=HIGH COURT OF UTTARAKHAND,
2.5.4.20=9f3ef5e40c7881302fcda45af446d3419e6d6e
990fbd25a59bdb957bba484d0d,
postalCode=263001, st=UTTARAKHAND,
serialNumber=5DE1751A4F1D9CABFD54852C9E6891
1CA8B66DD26690A191648AB5D8DD004EF0,
cn=MAMTA RANI
Date: 2024.12.03 12:41:38 +05'30'