Court No. - 44
Case :- APPLICATION U/S 482 No. - 25102 of 2018 Applicant :- Smt Poonam Opposite Party :- State Of Up And Another Counsel for Applicant :- Bal Krishna Pandey Counsel for Opposite Party :- G.A.
Hon'ble Rajeev Misra,J.
Heard Mr. Bal Krishna Pandey, learned counsel for the applicant, and the learned Additional Government Advocate for the State.
This application under Section 482 Code of Criminal Procedure has been filed challenging the order dated 17th April, 2018, passed by the Additional Chief Judicial Magistrate-II, Bulandshahr in Complaint Case 200 of 2014 (old No. 111 of 2014) (Smt. Poonam vs. Ramveer), under Sections 452, 354, 354-A, 323 and 506 of the Indian Penal Code, Police Station Syana, District Bulandshahr, whereby the complaint case filed by the applicant has been rejected in terms of Section 245 (2) of the Code of Criminal Procedure.
Section 245 (2) of the Code of Criminal Procedure relied upon by the court below is quoted hereunder:
"245. When accused shall be discharged.
.........
(2) Nothing in this section shall be deemed to prevent a Magistrate from discharging the accused at any previous stage of the case if, for"
From the perusal of the provisions of Section 245 (2) of the Code of Criminal Procedure, the court below was required to record a finding that the charge alleged against the accused is groundless. Finding returned by the court below that the evidence available on the record is not sufficient to frame the charge amounts to pre-empting the trial without undertaking the exercise of the entire process as contemplated under Section 244 of the Code of Criminal Procedure. Therefore, the impugned order passed by the Magistrate dated 17th April, 2018 is un sustainable. It is, accordingly, set aside. The matter is remanded to the court below to decide the same afresh in accordance with law.
The present application is allowed subject to the observations made above.
(Rajeev Misra, J.) Order Date :- 26.7.2018 Sushil/-