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2015 Supreme(Jhk) 242

AMITAV K.GUPTA
Bhagwan Das Manjhi @ Bhagwan Das Hansda – Appellant
Versus
State of Jharkhand – Respondent


Advocates:
Advocate Appeared:
For the Petitioner:M/s. Lokeshwari Banerjee, Advocate
For the State : Mr. Sanjay Kr. Pandey, A.P.P.

ORDER :

This revision is directed against the order dated 25.11.2014 passed by learned Sub-Divisional Judicial Magistrate, Bokaro in G.R. Case No. 543 of 2013 arising out of Balidih P.S. Case No. 45 of 2013 under Section 227 of the Cr.P.C for discharge from the offence under Section 498A of the I.P.C. of the petitioner has been rejected.

2. Learned counsel for the petitioner has submitted that the learned trial Court has rejected the prayer for discharge without assigning any reasons or appreciating the material evidence on record or in the case diary. That none of the witnesses have alleged regarding torture, cruelty or demand of unlawful money against this petitioner and on the same set of evidence mother-in-law has been discharged.

3. Mr. Sanjay Kr. Pandey, learned A.P.P has submitted that the trial Court has appreciated the materials on record and found that a prima-facie case is made out against this petitioner.

4. Heard. Perused the impugned order. It is well settled that at the time of framing of charge meticulous examination of evidence is not required, however the evidence can be sifted or weighed at least for the purpose of recording a satisfaction that a prima facie case




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