Bharat Gupta vs State Of Uttarakhand And Another

Pankaj Purohit, J

By means of the present C482 application, the applicant has prayed for setting aside the charge sheet dated 06.06.2021 as well as cognizance order dated 26.03.2022, passed by learned Ist Additional Chief Judicial Magistrate, Dehradun in Criminal Case No.1940 of 2022, State Vs. Bharat Gupta, under Sections 498-A, 323, 504 and 506 of IPC and Section 3/4 of Dowry Prohibition Act, 1961, pending in the court of Ist Additional Chief Judicial Magistrate, Dehradun.

Facts of the case in a nutshell are that applicant is husband of respondent no.2. They got married on 03.11.2014, but after lapse of time acrimony grew between them, due to temperamental differences, on which respondent no.2 left the house of applicant and started living in her parental house. Thereafter on 12.02.2021 respondent no.2 got an F.I.R. registered against the applicant and his family members with the allegations of cruelty on account of demand of dowry. On the basis of said F.I.R. a case was registered under Sections 498-A, 323, 504, 506 of IPC and Section 3/4 of Dowry Prohibition Act, 1961. As the offences were less than seven years, therefore, the Investigating Officer did not arrest the applicant and his family members and issued notices under Section 41-A of Cr.P.C. to them. Applicant and his family members appeared before the Investigating Officer and after investigation, the Investigating Officer did not find any case against the family members of applicant, but submitted a charge sheet dated 06.06.2021 against the applicant under the aforesaid sections before learned Ist Additional Chief Judicial Magistrate, Dehradun. On the basis of said charge sheet learned Ist Additional Chief Judicial Magistrate, Dehradun took cognizance against the applicant on 26.03.2022 and a Criminal Case No.1940 of 2022, State Vs. Bharat Gupta was registered against him. After receiving the summon, issued by learned Magistrate, the applicant appeared before the trial court and he was released on bail by the trial court. Feeling aggrieved by the said order dated 26.03.2022 the applicant is before this Court.

Learned counsel for the applicant submits that the Investigating Officer did not investigate the matter properly and in a routine manner. Respondent no.2 filed a false complaint against the applicant under the provisions of Protection of Women from Domestic Violence Act, 2005 for harassment of applicant and his family members. The F.I.R. registered by respondent no.2 against the applicant is a concocted one and holds no water.

Per contra, learned State counsel submits that there is credible and cogent evidence available against the applicant which shows his involvement in the alleged offences. He further submitted that there is no illegality in the order passed by learned Ist Additional Chief Judicial Magistrate, who took cognizance of the charge sheet submitted by the Investigating Officer and rightly summoned the applicant. Hence no interference is warranted in the matter.

Having considered the submission made by learned counsel for the parties and having gone through the records, this Court is convinced that there is no illegality and impropriety in the judgment and order passed by learned Magistrate whereby he took cognizance of the charge sheet submitted by the Investigating Officer and summoned the applicant. Reason assigned by the court below is quite convincing and need no interference by this Court.

Accordingly the present C482 application is dismissed.

Pending application, if any, stands disposed of accordingly.