Single judge order dismissing an application challenging the rejection of a discharge petition by a trial court in a criminal case. The court found prima facie allegations were made out.
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IN THE HIGH COURT OF JHARKHAND AT RANCHI Cr. Rev. No. 207 of 2018
Order No. 03 Dated 12 th March, 2018
Heard Mr. Manoj Kumar Sinha, learned counsel, appearing for the petitioners and Mr. Vijay Shankar Prasad, learned APP appearing for the State.
This application is directed against the order dated 12.01.2018 passed by learned Judicial Magistrate, 1st Class, Hazarigagh in G.R. Case No. 779 of 2015 ( Sadar P.S. Case No. 190), whereby and whereunder, the discharge application preferred by the petitioners, has been rejected.
It appears from a perusal of the impugned order dated 12.01.2018 that the case diary was looked into and and the statement recorded in Paragraph- 72, 82 and 83 supported the prosecution case with respect to the involvement of the petitioner. The restatement of the informant also substantiates the allegation made in the F.I.R.
Since there appears prima facie allegation made out against the petitioners, the learned trial court has rightly rejected the discharge application preferred by the petitioners. In such circumstances, I find no reason to interfere with the impugned order. This application is accordingly dismissed.
(Rongon Mukhopadhyay, J)
MK
1 issue framed by the court
Whether to quash the order of the learned Judicial Magistrate rejecting the discharge application preferred by the petitioners.
Ranjeet Kumar alias Ranjit Kumar
Binod Kumar Soni
The State of Jharkhand
Rongon Mukhopadhyay
As recorded by the court registry
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