IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL CRIMINAL APPLICATION NO.762 OF 2006 (U/s 482 Of Cr.P.C.) Kuldeep & another …………Applicants Versus State of Uttaranchal & another …………Respondents Dated: July 26, 2010 Sri Bhuvnesh Joshi, Adv. I/b Sri BM Pingal, Adv. for the applicants Sri Amit Bhatt, Addl. GA for the State/respondent no.1 HON. DHARAM VEER, J. This criminal application, preferred u/s 482 of the Code of Criminal Procedure, 1973 (hereinafter to be referred as Cr.P.C.), is directed for quashing the summoning order dated 16.3.2006 as well as to quash the further proceedings in Complaint Case No.853 of 2006, Smt. Kiran Vs. Kuldeep & others U/s 323/452/504/506 IPC, pending before J.M. Haridwar. Heard learned counsel for the parties and perused the material on record. In brief, the facts of the case are that respondent no.2-Smt. Kiran took Rs.500/- from the petitioners and co- accused Sanju and Yashpal, the installment of which she had paid, however Rs.100/- were left to be paid. On 21.2.006, the petitioner no.1 demanded the said money and on the same day at about 7:30 PM, the petitioners and co-accused Sanju and Yashpal forcibly entered in her house and started hurling filthy abuses and when she resisted to it, the petitioner no.1 and co-accused beaten her with fists and kicks and also snatched the ornaments worn by her. On raising alarm by her, her sons Laxman and Vishnu and others had arrived who somehow got her free from the accused otherwise she would have been killed. 2 Further, the accused had also obtained her signatures forcibly on some blank papers. The complainant was himself examined u/s 200 Cr.P.C. while the witnesses Kishan and Laxman were examined u/s 202 Cr.P.C. and in documentary evidence, she produced her medical report. Learned J.M., Haridwar vide order dated 16.3.2006 after perusing the oral and documentary evidence on record, found the offences punishable u/s 323/452/504/506 IPC prima facie made out against the accused persons and accordingly summoned them. Assailing the entire proceedings before the trial court, the instant petition has been preferred. Learned counsel for the petitioners argued that no offence is made out against them and the court below has wrongly summoned the petitioners. I do not find any force in this argument for the reason that on a perusal of the complaint lodged by the respondent no.2, the statements of the complainant recorded u/s 200 Cr.P.C. and that of the witnesses, namely, Kishan and Laxman, recorded u/s 202 Cr.P.C. and the documentary evidence i.e. the medical report produced by the complainant, I find that the offences punishable u/s 323/452/504/506 IPC are prima facie made out against the petitioners on the basis of the above-said discussion and the trial court has accordingly rightly summoned the petitioners to face trial. Even otherwise, the trial court will decide the case after recording the evidence of the complainant as well as that of the accused persons and also on the basis of the appreciation of the evidence as per law. It is well settled that while exercising jurisdiction under section 482 of the Cr.P.C., this Court would not ordinarily embark upon the enquiry as to whether the evidence in question is reliable or not or whether on a reasonable appreciation of it accusation would not be sustained. That is the function of the trial court. If the allegations made in the complaint as 3 well as the statements of complainant recorded u/s 200 and that of the witnesses recorded u/s 202 Cr.P.C. and the documentary evidence produced by the complainant, are taken at their face value and accepted in their entirety, I am of the view that the petitioners have rightly been summoned by the trial court. The trial court will decide the case after recording the evidence adduced before it. I am of the view that in the present case there is neither any miscarriage of justice nor any abuse of process of court. For the reasons recorded above, there is no force in the application. The application C482 is devoid of merits and is hereby dismissed in limine. (Dharam Veer, J.) July 26, 2010 Rdang