The High Court of Uttarakhand dismissed a criminal miscellaneous application challenging the charge sheet and summoning order. The court held that the offences were disclosed and the investigation report was found true, warranting no interference to stop the legitimate trial at the threshold.
The petition was dismissed in limine.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
HIGH COURT OF UTTARAKHAND AT NAINITAL
Criminal Misc. Application No. 1726 of 2021
Rekha Gupta and another ......Petitioners
Versus
State of Uttarakhand and another ….Respondents
Present:
Mr. Abhishek Joshi, Advocate for the petitioner. Mr. Lalit Miglani, A.G.A. for the State.
Hon’ble Ravindra Maithani, J.(Oral)
Challenge in this petition is made to the charge sheet dated 02.04.2017 and the summoning order dated 29.10.2021 as well as the proceedings of the Case No. 1626 of 2017, State Vs. Rekha Gupta and another, under Section 147, 149, 323, 504, 506 and 336 IPC, pending in the Court of Additional Chief Judicial Magistrate, Haldwani, District Nainital (for short, “the case”).
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husband. They abused and pelted stones at the informant and the other family members. It is this information, in which, after investigation, charge sheet has been submitted and cognizance taken.
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reliability and truthfulness of the material collected by the prosecution.
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(Ravindra Maithani, J.) 03.12.2021
Jitendra
2 issues framed by the court
Whether the present proceedings under Section 482 CrPC deserve to be quashed given the allegations in the charge sheet under Sections 147 and 149 IPC.
Whether the investigation report discloses sufficient material to sustain the proceedings against the petitioners.
2 provisions across 2 enactments
Rekha Gupta
State of Uttarakhand
Ravindra Maithani
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
