Uttarakhand High Court
C528/185/2026 on 17 February, 2026
Office Notes,
reports, orders
or proceedings
SL.
Date or directions COURT'S OR JUDGE'S ORDERS
No.
and Registrar's
order with
Signatures
C528 No.185 of 2026
Hon'ble Alok Mahra, J.
Mr. Mani Kumar, Advocate for the
applicant.
2. Present criminal misc. application
has been filed by the applicant
challenging the order dated 08.10.2025
passed by learned Judicial Magistrate,
Dehradun in Complaint Case No.7077 of
2023, whereby the applicant has been
summoned to face the trial under Section
500 I.P.C.
3. It is the case of the applicant that
she had lodged an F.I.R. dated
07.09.2022 under Sections 313, 323,
498-A, 504 and 506 I.P.C. and Section
3/4 of the Dowry Prohibition Act against
the complainant, her husband, father-in-
law, mother-in-law and sister-in-law at
Police Station Mahila Thana, District
Agra. Upon completion of investigation,
charges were framed against the
husband, father-in-law and mother-in-
law, whereas the complainant and the
sister-in-law were exonerated. The
charge-sheet was submitted on
11.11.2022. Subsequently, the
complainant instituted a complaint case
on 06.11.2023 before the Court of
Judicial Magistrate Ist, Dehradun.
4. Learned counsel for the applicant
submits that the applicant is a
permanent resident of Aligarh, Uttar
Pradesh, which falls outside the territorial
jurisdiction of the Judicial Magistrate Ist,
Dehradun; therefore, the mandatory
procedure contemplated under Section
202 Cr.P.C. ought to have been complied
with prior to issuance of process. It is
further contended that although the
learned Magistrate directed a police
inquiry into the complaint, the report
dated 27.07.2025 submitted by the
Additional Sub-Inspector, Kotwali Cantt.,
Dehradun specifically records that the
alleged incident occurred at Aligarh,
Uttar Pradesh, and that no complaint
pertaining to defamation was ever lodged
before the S.S.P., Agra or S.S.P.,
Dehradun. The said report opines that
the Court at Aligarh would have the
requisite territorial jurisdiction. Despite
the aforesaid report, the learned Judicial
Magistrate proceeded to summon the
applicant to face the trial.
5. Issue notice to the respondent,
returnable at an early date.
6. List after service report is received.
By that time, counter affidavit, if any, be
filed.
7. Considering the submission
advanced by learned counsel for the
applicant, it is directed that, till the next
date of listing, further proceedings of
Criminal Case No.7077 of 2023 pending
in the Court of learned Judicial
Magistrate Ist, Dehradun, shall remain
stayed.
(Alok Mahra, J.)
17.02.2026
Arpan
