Court No. - 55
Case :- APPLICATION U/S 482 No. - 43059 of 2018 Applicant :- Sant Lal Yadav Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Deepak Kumar Verma,Siya Ram Verma Counsel for Opposite Party :- G.A.
Hon'ble Chandra Dhari Singh,J.
The present application under Section 482 Cr.P.C. has been filed for quashing the impugned order dated 20.10.2018 passed on Discharge Application (under Section 245(2) Cr.PC. by Chief Judicial Magistrate, Kaushambi in Complaint Case No.5913 of 2015 as well as summoning order dated 22.02.2016, under Sections 452, 323, 504 and 506 I.P.C., P.S. Manjhanpur, District Kaushambi.
Learned counsel for the applicant submitted that discharge application under Section 245(2) Cr.P.C. has been filed by the applicant before the court below in which he has mentioned all the contradictions made in the statements and the version of complaint. He further submitted that after perusal of the statement of witnesses recorded under Section 202 Cr.P.C. it is crystal clear that they are daughter and son of opposite party no.2. They are interested witnesses and family members as such their testimonies are not good piece of evidence against the applicant. Entire proceedings of the present complaint case initiated by the opposite party no.2 are false and fabricated.
He further submitted that court below has dismissed the discharge application vide order dated 20.10.2018 without applying judicious mind.
Learned A.G.A. has vehemently opposed the submissions made by learned counsel for the applicant and submitted that after considering all the facts and circumstances of the case the court below has found that prima facie case is made out against the applicant. Court below has not committed any illegality in passing the impugned order.
I have heard learned counsel for the applicant and learned A.G.A. for the State and perused the entire record.
After perusal of the statement recorded under Sections 200 and 202 Cr.P.C. the court below has issued summoning order against the applicant for the offence under Sections 452, 323, 504 and 506 I.P.C. The discharge application has also been rejected by the court below after looking all the aspects of the case and material on record. At the stage of discharge the court below can only examine whether prima facie case is made out or not.
The application is devoid of merit and is accordingly dismissed.
Order Date :- 29.11.2018 Asha (Chandra Dhari Singh,J.)