Court No. - 28 Case :- APPLICATION U/S 482 No. - 268 of 2010 Petitioner :- Rakesh And Others Respondent :- State Of U.P.And Another Petitioner Counsel :- Anil Kumar Singh Respondent Counsel :- Govt. Advocate Hon'ble Shri Kant Tripathi,J.
Heard Mr. Gulab Chand holding brief for Mr. Anil Kumar Singh learned
counsel for the applicants and the learned AGA and perused the record.
It appears that a complaint case no. 3266 of 2009 (Chintamani Vs. Rakesh and
others) under section 498A, 504 and 506 I.P.C. and section 3/4 of the Dowry
Prohibition Act is pending before the Judicial Magistrate, Azamgarh. An
application for discharge was moved by the applicants on the ground that no
offence was made out against them. The learned Magistrate, after considering
the entire materials adduced under section 244 Cr.P.C. arrived at the
conclusion that there was no force in the contention of the applicants for their
discharge. The learned Magistrate further arrived at the conclusion that the
evidence collected under section 244 Cr.P.C. prima facie made out charges
against the applicants. The finding of fact recorded by the learned Magistrate
cannot be upset in a proceeding under section 482 Cr.P.C. The learned
Magistrate does not appear to have either ignored any relevant material or
took into consideration any irrelevant evidence while passing the impugned
order.
The petition has no merit and is accordingly dismissed.
Order Date :- 13.1.2010
MTA