High Court dismissed criminal revision against discharge rejection order in a cognization case involving dowry harassment. Court found no illegality in impugned order.
Revision dismissed finding no illegality in rejection of discharge application.
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Court No. - 28
Case :- CRIMINAL REVISION No. - 3626 of 2016
Revisionist :- Raj Kumar Yadav & 2 Others Opposite Party :- State Of U.P. & Another Counsel for Revisionist :- Fakhruzzaman Counsel for Opposite Party :- G.A.,Harish Chandra Mishra
Hon'ble Umesh Chandra Tripathi,J.
Heard learned counsel for the revisionists and learned A.G.A. for the State.
This revision has been preferred against the order dated 17.10.2016 passed by the Additional Chief Judicial Magistrate, Court No.2, Jhansi in Criminal Case No.315 of 2013, State Vs. Raj Kumar, whereby discharge application of the revisionists under Section 239, Cr.P.C. was rejected on the ground that charge against the accused is not groundless.
As per prosecution version, opposite party No.2, Smt. Rekha Yadav was married with revisionist Raj Kumar Yadav. After marriage she was subjected to harassment from accused persons for demand of dowry. Police has submitted charge sheet and on the basis of charge sheet cognizance has been taken by the Magistrate.
Learned Magistrate has rejected the discharge application on the account that charge against the accused is made out. I find no illegality in the impugned order passed by the trial court.
Accordingly, revision is dismissed.
Order Date :- 25.5.2018 T. Sinha
1 issue framed by the court
Whether the trial court committed any illegality in rejecting the accused application for discharge for lack of groundless charges.
1 provisions across 1 enactments
Raj Kumar Yadav & 2 Others
State Of U.P.
Umesh Chandra Tripathi
As recorded by the court registry
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