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2023 Supreme(UK) 364

SHARAD KUMAR SHARMA
Usha Rani – Appellant
Versus
State of Uttarakhand – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Mr. Girish Chandra Lakhchaura, Adv.
For the Respondent: Mr. Pratiroop Pandey, A.G.A.

JUDGMENT :

Sharad Kumar Sharma, J.

The present applicants are facing trial of the Criminal Case No.5148 of 2022, “State Vs. Usha and others”, wherein, they have been summoned by the court of Additional Chief Judicial Magistrate, Kashipur, District Udham Singh Nagar, to be tried for the offences under sections 186, 332, 353, 427, 504 and 506 of IPC, which stood registered against them, as a consequence of the culmination of the investigation into the set of allegations leveled in the FIR No.364 of 2022, dated 25.06.2022.

2. The argument of the learned counsel for the applicants is that the entire story as narrated in the FIR cannot be believed with, because it was nothing but a tussle of powers between the applicant, who is the wife of an army man and amongst the police force, who had gone to the applicants’ house to serve the notice under section 41 (ka), in pursuance to the earlier FIR No.245 of 2022, which was registered under sections 323, 452, 504, 506 of IPC and section 3 (1) (r) of the SC and ST Act.

3. Learned counsel for the applicants has submitted, that the entire set of allegation, which has been leveled against the present applicants in the FIR, is not sustainable because n

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