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2023 Supreme(UK) 593

SHARAD KUMAR SHARMA
Bhupendra Singh – Appellant
Versus
State of Uttarakhand – Respondent


Advocates Appeared:
For the Applicants : Mr. Ramji Shrivastava.
For the Respondents: Mr. V.K. Gemini, Mr. Lalit Miglani.

JUDGMENT :

(Sharad Kumar Sharma, J.)

The brief facts of this C482 Application are that, the complainant/ respondent no.2, who is the wife of late Mr. Avtar Singh, was the heir of the present applicant. She being married to the son of applicant no.3, had registered an FIR, being FIR No.633 of 2017 for the alleged involvement of the present applicants for commission of the offences under Sections 498A, 323, 504, 506 and 342 of the IPC.

2. The matter was investigated and the Investigating Officer has submitted a Chargesheet No.132 of 2018 dated 28.03.2018, as against the present applicants for the offences under Sections 498A, 323, 504, 506 and 342 of the IPC, on which, the summoning order has been issued, resulting into the registration of Criminal Case No.10482 of 2018, “State Vs. Baljeet Kaur and Others”, the summoning order has been issued on 10.08.2018, which is the subject matter of challenge in the instant C482 Application.

3. The matter has been contested by the parties to the C482 Application on different grounds. In order to precisely summarize the grounds, as taken by the learned counsel for the applicants to put a challenge to the FIR, it deals with:-

    1) That FIR is nothin

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