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2020 Supreme(UK) 110

RAVINDRA MAITHANI
Vivek @ Sachin Kumar – Appellant
Versus
State Of Uttarakhand – Respondent


Advocates Appeared:
Mr. Prem Kaushal, Advocate for the applicant, for the Appellant; Mr. S.S.Adhikari, AGA, present for the State, for the Respondent

JUDGMENT

Ravindra Maithani, J. (Oral) - The instant petition under Section 482 of the Code of Criminal Procedure, 1973 (hereinafter referred to as the Code) has been filed to quash the summoning order dated 27.11.2019 and the entire proceedings of Criminal Case No. 1238 of 2019, State vs. Jyoti & others, for the offence under Sections 306 and 506 IPC , pending in the Court of Judicial Magistrate, Bajpur, District Udham Singh Nagar (for short the case).

2. The case is based on an FIR lodged on 9th August 2019, by respondent no.2 against the petitioner and others, under Sections 306 and 506 IPC. According to it, deceased Dharmendra, son of respondent no.2 was married with Jyoti, the daughter of Dinesh on 4th May, 2014. After the marriage, the deceased Dharnmendra was pressurized and mentally tortured to stay away from his parents. On 02.07.2019, deceased Dharmendra was called by his in-laws, since thereafter, he was staying with them. Petitioner is his brother-in-law. Deceased Dharmendra had also disclosed it to the respondent no.2 that his in-laws had taken Rs. 3,00,000/- from him, but did not return it. When requested, they further tortured him. On 2nd August, 2019, it was informed

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