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2022 Supreme(UK) 270

SHARAD KUMAR SHARMA
Yogesh Saggar – Appellant
Versus
State of Uttarakhand – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Pankaj Miglani.
For the Respondent: T.C. Aggarwal.

JUDGMENT :

SHARAD KUMAR SHARMA, J.

1. The present C482 Application has been preferred by the applicants, as against the impugned order dated 16th September 2022, which was passed by the Court of 3rd Judicial Magistrate, Haridwar, in Complaint Case No. 2411 of 2022, Poonam Sharma Saggar vs. Anuj Saggar and Others, whereby it is alleged by the counsel for the applicant that applicant No. 1, he has been summoned by the impugned order for being tried for the offences under Sections 498A, 354A of IPC and Section 3/4 of the Dowry Prohibition Act, whereas on the other hand, the applicant No. 2 has been summoned to be tried for the offences under Section 498A, 406, 324 504 and 506 of IPC, as well as Section 3/4 of the Dowry Prohibition Act.

2. The limited question, which has to be answered as argued, by this Court is, that as to whether the challenge which has been given to the impugned order dated 16th September 2022 is the “cognizance” order or the “summoning” order? Because, this Court, at this stage, is not called upon to appreciate the factual arguments, which has been extended by the learned counsel for the applicants, justifying his challenge given to cognizance order dated 16th Septem

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