The court emphasized the importance of specific allegations and evidence to establish charges under the IPC and highlighted the magistrate's discretion in taking cognizance of offenses.

JUDGMENT

Lok Pal Singh, J. - Both these Criminal Miscellaneous Applications arises out of the order dated 24.11.2018 passed in Criminal Case No.5910 of 2018 "State Vs. Paramjit Sagar & others" under Sections 323, 498-A, 420, 467, 468, 471 and 120-B of IPC, pending in the court of 3rd Additional Chief Judicial Magistrate, Dehradun.

2. The facts leading to the present case are that respondent no.2 - Neetu Kainth lodged an FIR being FIR No.0149 dated 31.12.2017 at Police Station, Rajpur, District Dehradun against her husband, Parmjit Singh Sagar, father-in-law Manjeet Singh and mother-in-law Smt. Surendra Kaur being Case Crime No. 147 of 2017under Sections 498-A and 323 of IPC with an assertions that her marriage was solemnized with Parmjit Singh Sagar on 17.10.2004 and from the said wedlock, she begotten a son who is aged about eight years. After marriage, her mother-in-law tortured her physically and mentally. Thereafter, a compromise took place between the family and her mother-in-law who has started to reside in College campus, Where for, the complainant/respondent no.2 started to reside with her husband in a house situated at Sinola. Her father-in-law mainly remains outside the town but comes frequently. The husband of the respondent no.2 is in full control of her mother-in-law. Her mother-in-law is a woman of criminal nature. There are various litigations of criminal as well as of civil nature are pending between her mother-in-law and her real brother and relative. The case of abetment of suicide of a College student is also pending against her Mother-in-law. Her father-in-law is a Chairman of "Gyani Indra Singh College" of which her mother-in-law is a Secretary, her husband is a Treasurer/Director and the complainant is the Joint Secretary/Managing Director. Respondent no.2 further states that she was not feeling well for the last two years as she is suffering from "Uterine Fibroid" and "Gynecological" disorder. The behaviour of her mother-in-law and husband has become cruel by which her commercial work has been disturbed. The husband, father-in-law and mother-in-law of respondent no.2 regularly comments on her and misbehaved on her character and insulted her. She further states that her husband threatened her that he will falsely implicate her and her family in a false case. They also obtained the signature of respondent no.2 on blank papers. The father of respondent no.2 has made several calls to her father-in-law and mother-in-law, but they did not pick-up the phone. She was informed by her friend that her husband is admitted in Max Hospital, Dehradun.

3. Thereafter, investigation was commenced in the matter, the statements of complainant/respondent no.2 and others were recorded by the Investigating Officer of the case. The Investigating Officer after completing its investigation in the matter submitted the charge-sheet against the applicants before the Magistrate concerned for the offences punishable under Sections 323, 498-A, 467, 468, 471, 120-B and 420 of IPC on 04.10.2018.

4. It must be stated here that respondent no.2 has filed a medical report dated 06.08.2017 along with the counter affidavit, in which following injuries are shown:

"1. Abrasion 0.5cm x 0.5cm on back of left hand little finger on back (illegible).

2. Abrasion 0.5 cm x 0.5 cm on back left hand just below back of pinky finger (illegible)

3. contusion reddish in colour 2 cm x 1.5cm left forearm (illegible)

4. Contusion 1 cm x 1cm (illegible) right forearm, 5 inch below injury number 3.

5. Complaint of pain in whole abdomen and at place of original injury.

6. Lacerated wound 1 cm in length on left hand finger (illegible)"

5. The learned Magistrate took cognizance for the offences punishable under Sections 323, 420, 498-A, 467, 468, 471 and 120-B of IPC. Hence the present applications have been filed by the applicants under Section 482 of CrPC, challenging the summoning order dated 24.11.2018.

6. Heard learned Counsels for the parties, and perused the material bro