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IN THE HIGH COURT OF ALLAHABAD
Raj Beer Singh,J.
Asha Devi – Appellant
Versus
State of U.P. – Respondent
JUDGMENT :
Raj Beer Singh, J.
1. Heard learned counsel for the applicant and learned A.G.A. for the State.
2. This application under Section 482 Cr.P.C. has been preferred against the order dated 14.05.2024, passed by learned A.C.J.M., Court No.10, Azamgarh, in Complaint Case No. 11 of 2022 (Sarita Devi Vs. Asha Devi), under Section 420 I.P.C., Police Station- Deogaon, District- Azamgarh, whereby the application filed by the applicant seeking discharge has been rejected.
3. It has been submitted by learned counsel for the applicant that impugned order is against facts and law and thus liable to be set aside. It is a complaint case and in complaint case application for discharge filed on behalf of accused has to be decided under Section 245 Cr.P.C., whereas the learned trial court has decided the discharge application of the applicant under Section 239 Cr.P.C. It is further submitted that the dispute between the parties is purely civil in nature and no prima-facie case under Section 420 IPC is made out and that applicant was liable to be discharged but learned Magistrate has not considered facts and law in correct perspective and committed error by rejecting that application under Secti
In warrant trials not based on police reports, evidence must be led under Section 244 before considering discharge under Section 245 Cr.P.C.
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....
The court held that an FIR does not become void due to the victim's retraction of support, and the authority to amend charges is retained by the trial court during the charge framing stage.
word "ground" according to Black's Law Dictionary, Black's Law Dictionary, 9th Edition connotes foundation or basis, and in the context of prosecution in a criminal case, it would be held to mean bas....
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....
Protection against vexatious and unwanted prosecution is a duty cast on High Courts.
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....
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