IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL CRIMINAL APPLICATION NO.834 OF 2009 (U/S 482 Cr.P.C.) Anoop Singh & others ……… Applicants Versus Smt. Surato Devi ……… Respondent Dated: 6 November, 2009 Mr. Tumul Nailwal, Advocate for the applicants None is present for the respondent HON. DHARAM VEER, J. This application moved u/s 482 of The Code of Criminal Procedure, 1973 (hereinafter to be referred as Cr.P.C.) is directed with a prayer to stay the proceedings in criminal case no.940/2009, Smt. Surato Devi Vs. Jaswant Singh and others under Sections 323, 498A, 504 and 506 of The Indian Penal Code, 1860 (hereinafter to be referred as the IPC) and 3/4 of Dowry Prohibition Act, 1961. It is further prayed to stay the operation of summoning order dated 22.9.2009 passed by IInd Additional Civil Judge (Junior Division)/Judicial Magistrate, Udham Singh Nagar in aforesaid criminal case. Heard learned counsel for the applicant and perused the papers on record. Having considered the arguments advanced by learned counsel for the applicants and after going through the material available on record, I am of the view that a prima facie case against the applicants under the aforesaid sections is made out from the contents of the complaint. This Court is not supposed to embark upon an enquiry where the entire facts are incomplete and hazy. The powers possessed by the High Court u/s 482 Cr.P.C. are very wide, but the plentitude of the power 2 requires great caution in its exercise. Courts must be careful to see that its decision in exercise of this power is based on sound principles. The inherent power should not be exercised to stifle a legitimate prosecution. The petition lacks merits and is liable to be dismissed. Accordingly, the petition is dismissed in limine. (Dharam Veer, J.) 6.11.2009 RG