IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL Criminal Misc. Application(C482) No. 481 of 2008 1. Pawan Kumar, S/o Late Sita Ram 2. Smt. Lalita Agarwal, W/o Pawan Kumar 3. Km. Swati Agarwal, D/o Pawan Kumar All R/o Anandpuri, Nawabi Road, Haldwani District Nainital. …………..…Applicants. Versus 1. State of Uttarakhand through the Secretary of Home Affairs Govt. of Uttarakhand at Dehradun. 2. Nidhi Agarwal, D/o Late Triveni Chandra Sharma R/o 8-11, Shivpur Bholanath Bagh, Haldwani, District Nainital. ….Opposite parties. Shri R.S. Sammal, Advocate, present for the petitioners. Shri M.A. Khan, Brief Holder, present for the State. Shri Pradeep Hairiya, Advocate, present for respondent No.2. Hon’ble Prafulla C. Pant, J. By means of this petition, moved under Section 482 of Code of Criminal Procedure, 1973(for short Cr.P.C), the petitioners have challenged the order dated 24.03.2008, passed by Chief Judicial Magistrate, Naintal in criminal case No. 786 of 2008, State vs. Girish Chandra & others relating to offences 2 punishable under section 323, 506, 498-A, I.P.C. and one punishable under section ¾ Dowry Prohibition Act, 1961, Police Station Haldwani, District Nainital. By the impugned order the Chief Judicial Magistrate, Nainital, has withdrawn the case from the court of Additional Chief Judicial Magistrate, Haldwani. 2. Learned counsel for the parties state that parties to litigation are desirous that the criminal case No.1784 of 2006 State vs. Girish Chandra & others relating to offences punishable under section 323, 506, 498-A, of I.P.C. and one punishable under section ¾ Dowry Prohibition Act, 1961, Police Station Haldwani, District Nainital, may be tried by Additional Chief Judicial Magistrate at Haldwani, where the case was pending for trial. From the array of parties it appears that parties (the petitioners and the complainant/respondent) in litigation, are the residents of Haldwani. They prayed that this petition may be disposed by directing the Magistrate at Haldwani to try the case. 3 4. In view of the statement made by learned counsel for the petitioners and complainant the petition under section 482 of Cr.P.C. is allowed. Order dated 24.03.2008, passed by Chief Judicial Magistrate, Nainital, is set aside. The Chief Judicial Magistrate, Nainital, may transmit record of this case to the court of Additional Chief Judicial Magistrate at Haldwani, where earlier case was pending for trial, for further proceedings of the case. (Prafulla C. Pant, J.) Dt:26.04.2010 parul 4