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2007 Supreme(All) 1732

R.K.RASTOGI
RAIS MIYAN – Appellant
Versus
STATE OF UTTAR PRADESH – Respondent


Advocates:
Counsel :
S. Alim Shah for the Applicants; A.G.A. for the Opposite Parties.

JUDGMENT

Hon’ble R.K. Rastogi, J.—This is an application under Section 482, Cr.P.C. for quashing the order dated 3.5.2007 passed by the Judicial Magistrate, Etah in Criminal Case No. 381/2006, State v. Rais Miyan and others.

2. The facts relevant for disposal of this application are that on an application of opposite party No. 2 Smt. Ruheen alias Ruhee against the accused applicants under Section 156 (3), Cr.P.C. the learned Magistrate passed an order for registration of the case and on the basis of that order a F.I.R. was lodged against the accused applicants under Sections 498-A, 406, 506, I.P.C. and 3/4 Dowry Prohibition Act, P.S. Kasganj District Etah.

3. The police after investigation submitted charge-sheet against all the accused persons on 23.7.2005. The applicants moved an application under Section 239 Cr.P.C. for discharge. The learned Magistrate, after hearing both the parties, rejected that application vide his order dated 3.5.2007. Aggrieved with that order, this application under Section 482, Cr.P.C. has been filed.

4. I have heard the learned Counsel for the applicants as well as the learned A.G.A. for the State.

Section 239, Cr. P.C. runs as follows :

“239. When accused sh






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