In this dismissal at the admission stage, the High Court held that the impugned order rejecting the discharge application under Section 323 IPC and the Juvenile Justice Act was valid, legal, and founded on prima facie evidence, finding no abuse of process.
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Court No. - 48
Case :- APPLICATION U/S 482 No. - 19454 of 2019
Applicant :- Jyotsana Nigam Opposite Party :- State Of Up And Another Counsel for Applicant :- Rohit Nandan Pandey,Sanjeev Kumar Pandey Counsel for Opposite Party :- G.A.
Hon'ble Ajit Singh,J.
Heard learned counsel for the applicant and learned A.G.A. for the State.
The present application has been filed against the order dated 27.2.2019 passed by A.C.J.M, Court No.2 arising out of Case Crime No. 815 of 2014, under Section 323 IPC and 23 Juvenile Justice (Care and Protection of Children) Act, Police Station Vijay Nagar, District Ghaziabad, pending in the Court of A.C.J.M., Court No.2, Ghaziabad.
By the impugned order, the discharge application filed by the applicant was rejected with the observation that whichever ground has been taken by the applicant are relating to the fact which can be decided after considering the evidence adduced by the prosecution and at this preliminary stage there are prima facie evidence against the present applicant and dismissed the discharge application moved by the applicant.
After perusal of the impugned order and other document annexed with this application, this Court is of the view that the impugned order passed by the learned lower Court is perfectly valid, legal and based on facts and circumstances, there is no abuse of process in the impugned order.
Hence, the present application lacks merits and is dismissed at the admission stage.
Order Date :- 17.6.2019 Mini
1 issue framed by the court
Whether the order rejecting the discharge application is valid and amounts to abuse of process of court.
Jyotsana Nigam
State Of Up
Ajit Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
