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2016 DIGILAW 329 (UTT)

TARKESHWAR PANDEY v. STATE OF UTTARAKHAND

2016-07-12

SUDHANSHU DHULIA

body2016
JUDGMENT Hon’ble Sudhanshu Dhulia, J. (Oral) The present applicant is challenging the order dated 22.09.2015 which has been passed by the learned Chief Judicial Magistrate, Rudrapur, District-Udham Singh Nagar in Criminal Case No. 1662 of 2013 by which the applicant has been summoned under Section 319 of Cr.P.C. Aggrieved by the said order the applicant preferred a revision before the court concerned which was ultimately dismissed vide order dated 26.04.2016 by the learned 1st Additional Session Judge, Udham Singh Nagar. The order of the trial court has been passed subsequent to the statement given by the complainant, who is the daughter-in-law of the present applicant that the applicant used to write letters to her. In the statement of the complainant, apparently there are no allegations of demand of dowry or harassment. In view of this Court, powers under Section 319 of Cr.P.C. though wide but have to be exercised cautiously. Moreover, the applicant is about 82 years of age. 2. In view thereof, as an interim measure, it is directed that operation and effect of the order dated 22.09.2015 passed by learned Chief Judicial Magistrate and operation and effect of order dated 26.04.2016 passed by First Additional Sessions Judge, Udham Singh Nagar shall remain stayed till the next date of listing. 3. It is further made clear that there is no stay to the proceedings, which shall go on in accordance with law. 4. Issue notice to respondent no. 2. Steps to be taken within a week. 5. Respondents shall file counter affidavit within a period of three weeks. 6. List this matter on 10.08.2016 in the daily cause list.