Court No. - 52
Case :- CRIMINAL REVISION No. - 622 of 2018 Revisionist :- Manjeet @ Majnu Paswan Opposite Party :- State Of U.P. And Another Counsel for Revisionist :- Vibhav Prakash Tripathi Counsel for Opposite Party :- G.A.
Hon'ble Rajul Bhargava,J.
The present revision has been filed for quashing the order dated 23.1.2018 passed by Addl. District and Session Judge, court no. 1, Gorakhpur in S.T. No. 141 of 2017 (State vs. Manjeet @ Majnu Paswan) in case crime no. 107 of 2017, u/s 498A, 306 IPC and 3/4 D.P. Act, P.S. Jhangaha, District Gorakhpur whereby discharge application has been rejected.
After hearing the learned counsel for the revisionist, learned A.G.A. and after perusing the order impugned as well averments made in the present revision, this Court is of the opinion, that it is well settled that even on the basis of strong suspicion arising out from the evidence/ material on record, charge can be framed against the accused. Learned counsel had endeavoured to scan statement of witnesses on record to justify his submission that prima facie there was no evidence for framing of charge. From the perusal of record I found that there was sufficient material of framing of charge and therefore trial court has not committed any illegality in rejecting the discharge application.
Accordingly, the prayer for quashing the order impugned is refused. The revision lacks merit and is dismissed.
Order Date :- 23.2.2018 Dhirendra/