Court No. - 68
Case :- APPLICATION U/S 482 No. - 16656 of 2019 Applicant :- Satya Prakash And Another Opposite Party :- State Of Up And Another Counsel for Applicant :- Radhey Shyam Yadav Counsel for Opposite Party :- G.A.
Hon'ble Chandra Dhari Singh,J.
Heard learned counsel for the applicants, learned Additional Government Advocate for the State-respondent and perused the record.
The instant application u/s 482 Cr.P.C. is directed against the order dated 29.01.2019 passed by learned Chief Judicial Magistrate, Jaunpur, rejecting the discharge application under section 245(2) of the Code of Criminal Procedure of the applicants in case no. 1397 of 2018 (Rajesh Kumar Vs. Satya Prakash and others) under sections 323, 352, 452, 504, 506 IPC.
Learned counsel for the revisionists submits that the order dated 29.01.2019 passed by the Chief Judicial Magistrate, Jaunpur is without appreciating the evidence available on record and illegally rejected the discharge application of the applicants under section 245(2) Cr.P.C., therefore, the order impugned deserves to be set aside.
Per contra learned Additional Government Advocate appearing on behalf of State-respondent vehemently opposed the contentions raised on behalf of the applicants and submitted that the learned Magistrate while deciding the application under section 245(2) Cr.P.C. has passed a detailed order and considered each and every aspect of the matter and prima facie, he found that a cognizable offence is made out against the revisionists, therefore,the court below has rightly summoned the applicants for facing trial under sections 323, 352, 452, 504, 506 IPC. He further submitted that at the stage of summoning as well as while deciding application under section 245(2) Cr.P.C. the court has to see whether prima facie case is made out or not but in the instant case the learned Magistrate after recording his satisfaction found that a case under the aforesaid offences is made out against the applicants, therefore, they have been rightly summoned by the court below.
I have heard the arguments raised on behalf of the parties and perused the record.
The impugned order has been passed by the court below after considering each and every aspect of the matter and the contentions raised on behalf of the applicants, therefore, this Court finds no error apparent on the face of record. The impugned order has been passed after scrutinizing the evidence produced by the parties.
Prima-facie satisfaction has also been recorded by the court below that a cognizable offence against the applicants is made out. No interference is called for by this Court. The application being devoid of merit deserves to be dismissed.
Accordingly, the application u/s 482 Cr.P.C. is dismissed.
Order Date :- 26.4.2019 Prajapati [Chandra Dhari Singh, J.]