IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL C-482 No. 85 OF 2010 Anita Sharma and another ….…..Applicants. Versus Manju ……...Respondent. Present: Mr. R.K.S. Verma, Advocate holding brief of Mr. Pankaj Kaushik, Advocate for the applicants. Date of Decision : 9.9.2010 Sudhanshu Dhulia, J. (Oral) 1. Heard Mr. R.K.S. Verma, Advocate for the applicants. 2. The applicants have filed the present application under Section 482 of Cr.P.C. challenging the charge-sheet dated 28.10.2009 filed in Case Crime No. 219 of 2009 and order dated 11.11.2009 passed by the Judicial Magistrate, Haridwar in Criminal Case No. 1331 of 2009 State Vs. Anita Sharma and others, under Section 323, 504, 506 I.P.C. 3. Brief facts of the case are that the opposite party filed an application under Section 156 (3) of Cr.P.C. before the Judicial Magistrate, Haridwar which was numbered as Misc. Case No. 117 of 2009 Manju Vs. Anita Sharma and another. On the said application, the Judicial Magistrate, Haridwar passed an order directing the police of Police Station Kankhal to register an FIR and investigate the matter. Subsequently, on 21.10.2009 an FIR was registered under Sections 452, 323, 504, 506 I.P.C. In the FIR, the opposite party has alleged that the present applicants entered into her house, started doing “Maarpeet” with her and used filthy language. Thereafter, Investigating Officer submitted a charge-sheet against the applicants under Section 323, 504, 506 I.P.C. On the basis of charge sheet, the learned Judicial Magistrate, Haridwar took cognizance and issued summons against the applicants vide order dated 11.11.2009. 4. The sole contention of the applicants before this Court is that as per the evidence on record collected by the Investigating Officer, no offence punishable under Sections 323, 504, 506 I.P.C. is made out against the present applicants and the case so lodged by the opposite party is a counter blast to the complaint made by the present applicants 2 against the opposite party, whereby the opposite party was challaned under Section 107/116 of Cr.P.C. All these factors can only be examined by the trial court. It is not for this Court to examine these factors at this stage under Section 482 of Cr.P.C. There is, therefore, no merit in the instant application and the same is liable to be dismissed and is hereby dismissed. 5. No order as to cost. 6. The Registry is directed to send a copy of this order to the Court concerned for necessary compliance. (Sudhanshu Dhulia, J) 9.9.2010 Rathour