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RAM MANOHAR NARAYAN MISHRA
Pinki Gautam @ Geeta Devi – Appellant
Versus
State of U. P. – Respondent
JUDGMENT :
1. Heard learned counsel for the applicants and learned AGA for the State and perused the record.
2. The present 482 Cr.P.C. application has been filed to quash the order dated 28.3.2018 passed by the Judicial Magistrate Etah rejecting the Discharge Application filed by the applicants in Criminal Case No.3125 of 2016 (State vs. Geeta Devi and another) arising out of Case Crime No.0063 of 2015, under Sections 419, 420, 467, 468 I.P.C., P.S. Naya Gaon, District Etah, pending before the Additional Civil Judge, Court No. 26 and also quash the revisional order dated 22.6.2022, passed by the Additional Session Judge, Court No.1, Etah, in Criminal Revision No.64 of 2018, Smt. Geeta @ Pinki and another vs. State of U.P. and another, on grounds taken in affidavit accompanied with the petition.
3. Learned counsel for the applicants submitted that in present case false and fabricated first information report was lodged against the applicants. The applicants filed Criminal Misc. Writ Petition No.18182 of 2015 before this Court for quashing the FIR dated 16.7.2015 and the same was disposed of on 30.7.2015, in which this Court had granted stay order in favour of the applicants till submi
The main legal point established in the judgment is that the court cannot consider disputed facts or the accused's defense at the discharge application stage. The court must focus on the prima facie ....
At the stage of charge the court is not required to consider pros and cons of the case and to hold an enquiry to find out truth. Marshalling and appreciation of evidence is not in the domain of the c....
Point of law : In exercising powers under Section 227 of the Code of Criminal Procedure, the settled position of law is that the Judge while considering the question of framing the charges under the ....
The court emphasized that a discharge is warranted when the allegations do not establish a prima facie case, particularly in the absence of strong suspicion and material evidence linking the accused ....
A Magistrate under Section 227 Cr.P.C. must judicially evaluate materials to determine if 'grave suspicion' exists against each accused, rather than acting as a mere conduit for the prosecution, espe....
The main legal point established in the judgment is the maintainability of a 482 application against the rejection of a discharge application and framing of charges, as well as the limitations on fil....
At the discharge stage under Section 227 Cr.P.C., the court must consider only the prosecution's materials, and strong suspicion is sufficient to proceed with the trial.
Protection against vexatious and unwanted prosecution is a duty cast on High Courts.
At the initial stage, the truth, veracity, and effect of the evidence are not to be meticulously judged, and the accused's defense is not to be looked into when seeking discharge under Section 227 of....
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