JYOTSNA SHARMA
Devinderjeeet Singh Sethi – Appellant
Versus
State of U. P. – Respondent
JUDGMENT :
1. Heard Sri V.P. Srivastava, learned Senior Advocate holding brief for Sri Vikas Chandra Srivastava, Sri Manish Tiwary, learned Senior Advocate assisted by Syed Imran Ibrahim, learned counsel for the opposite party no.2, Sri O.P. Mishra, learned A.G.A. for the State and perused the record.
2. This criminal revision has been filed by the revisionist-Devinderjeet Singh Sethi challenging the order dated 27.07.2022 passed in Complaint Case No.2322 of 2018 “Rishi Agarwal vs. Devinderjeet and Others”, whereby the court of Additional Chief Judicial Magistrate dismissed an application filed under section-245(2) Cr.P.C. and posted the case for framing of charge under sections-406, 420, 467, 468, 471 and 120B I.P.C.
3. Relevant facts as emerging from record are as below:-
The judgment emphasizes that disputes of a civil nature should not be misrepresented as criminal offences and that the abuse of the criminal process should be prevented.
The central legal point established in the judgment is the interpretation and application of Section 245(2) and 245(1) Cr.P.C. in the context of discharging the accused at different stages of the cas....
The rejection of a discharge application is valid when a prima facie case exists based on the police report, regardless of subsequent exoneration in departmental inquiries.
A Magistrate must provide reasons and apply judicial mind when summoning accused in a complaint case, failing which the order is liable to be set aside.
The right of the accused to cross-examine witnesses before framing of charges is a valuable right, and the application of Section 245(2) Cr.P.C. for discharge should be considered in light of this ri....
The accused has the right to cross-examine prosecution witnesses before framing of charges.
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