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2023 Supreme(UK) 346

SHARAD KUMAR SHARMA
Sunil Naudiyal – Appellant
Versus
State of Uttarakhand – Respondent


Advocates:
Advocate Appeared:
For the Appellant :Mr. Arvind Vashistha, Sr. Advocate, assisted by Mr. Lalit Sharma, Advocate
For the Respondent:Mr. T.C. Agarwal, learned Deputy Advocate General along with Mr. Tumul K. Nainwal, Ms. Prabha Naithani, Advocate

JUDGMENT :

SHARAD KUMAR SHARMA, J.

The present C-482 application has been preferred by the alleged husband of respondent no.2-complainant. The complainant herein is said to have registered a first information report, being F.I.R. No. 237 of 2016, for the alleged involvement of the present applicant herein, in commission of offences under Sections 498-A, 323, 313, 494 & 504 of I.P.C.

2. The matter was thereafter investigated upon, and the Investigating Officer had ultimately submitted a Charge Sheet, being Charge Sheet No. 53 of 2017 dated 21.03.2017, on which the court of learned Chief Judicial Magistrate, Dehradun has registered a Criminal Case No. 1400 of 2017 “State Vs. Sunil Naudiyal”, and consequentially had issued a summoning order dated 10.04.2017.

3. In the instant C-482 application, the challenge as it has been given is to the summoning order, whereby the present applicant-alleged husband has been summoned to be tried for the offences under Sections 376, 420, 120-B, 313, 504, 323 & 493 of I.P.C.. In these eventuality, this particular C-482 application has to be independently dealt with.

4. Because so far as the other connected C- 482 applications are concerned, where the summon

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