IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL Criminal Misc. Application(C482) No. 589 of 2011 1. Manohar Lal Bhatia S/o Late Shri Karamchand Bhatia 2. Sanjay Bhatia, S/o Manohar Lal Bhatia 3. Ravi Bhatia, S/o Manohar Lal Bhatia R/o 50-A (9/1) General Wing Premnagar Dehradun 4. Chaman Lal Bhatia S/o Shri Karamchand Bhatia R/o 50-A (9/1) General Wing Premnagar Dehradun ………..…Petitioners Versus Smt.Sarika Bhatia W/o Late Shri Sonu Bhatia R/o 50 (1) General Wing Premnagar Dehradun ....……Respondents Shri S.S. Chauhan, Advocate, present for the petitioners. Shri T.C. Agarwal, A.G.A., present for the State. Hon’ble Prafulla C. Pant, J. Heard. 2. 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 2 order dated 04.06.2011, passed by III Additional Sessions Judge, Dehradun, in criminal appeal no. 75 of 2009, whereby said court has dismissed the appeal. 3. Brief facts, of the case, are that respondent Sarika appears to have filed a petition under Protection of Women from Domestic Violence Act, 2005, before the Additional Chief Judicial Magistrate,II, Dehradun. Said proceedings were challenged before the lower appellate court and dismissed by said court. 4. The respondent is a widowed woman whose husband died on 27.08.2008. She is living with her two children. The petition is filed by the respondent against her in-laws. Factual pleas of innocence are taken in defence by the petitioners which can be examined by the trial court after recording evidence by it whether or not the respondent is entitled to the reliefs she has claimed as against the present petitioners. This Court in its jurisdiction under section 482 Cr.P.C., is not inclined to go into the merits of the factual pleas raised by the petitioners. 3 5. Therefore, without expressing any opinion as to final merits of the case pending before the Magistrate the petition under section 482 Cr.P.C., is dismissed summarily with the observation that the pleas of defence may be raised by the petitioners before the trial court. (Prafulla C. Pant, J.) Parul 06.07.2011