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NAND PRABHA SHUKLA
Ramashray Yadav – Appellant
Versus
State of U. P. – Respondent
JUDGMENT :
Hon'ble Ms. Nand Prabha Shukla, J.-Supplementary-affidavit filed by learned counsel for the petitioner in Court today, is taken on record.
2. Heard learned counsel for the petitioner, learned AGA for the State and perused the record.
3. The present writ petition under Article 227 of the Constitution of India has been filed with a prayer to set aside the judgment and order dated 14.11.2023 (Annexure 14 to this misc. petition) passed by revisional Court i.e. Additional Session Judge, Court Room No. 2, Ghaziabad in Criminal Revision No. 45 of 2023 (Ramashray Yadav v. Smt. Shakuntala) as well as order dated 30.11.2022 (Annexure 12 to the misc. petition) passed by learned trial Court i.e. Additional Chief Judicial Magistrate, Court No. 2, Ghaziabad in Complaint Case No. 776 of 2018 (Shakuntala v. Ramashray Yadav) and also allow the discharge application filed by petitioner by setting aside the criminal proceeding of Complaint No. 776 of 2016 (Shakuntala v. Ramashray Yadav) as well as set aside the summoning order dated 2.4.2016 passed by learned Additional Chief Judicial Magistrate, Court No. 2, Ghaziabad.
4. In brief, on 17.2.2016, the Opposite Party No. 2 lodged a complaint aga
The rejection of a discharge application under Section 245 Cr.P.C. does not require detailed reasoning; only a prima facie case must be established for proceeding with the trial.
At the stage of framing of charge, the court is only required to consider whether there is a ground for presuming that the offence has been committed and is not expected to go deep into the probative....
Point of law : Magistrate has the power of discharging the accused at any previous stage of the case i.e. even before such evidence is led. However, for discharging an accused under Section 245(2) Cr....
In complaint cases, discharge under Section 245 CrPC required if pre-charge evidence under Section 244, even unrebutted, lacks specific allegations warranting accused's conviction.
A Magistrate must provide clear reasons for discharging an accused under Section 245 of the Cr.P.C., especially when multiple allegations exist, to ensure transparency and judicial accountability.
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 court clarified that directing parties to file a discharge petition amounts to denial of quashment relief, and ordered reconsideration of the applicability of Section 354A against a female accuse....
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