Advocates:
['PURUSHOTTAM DIXIT', 'G A', '', 'ANKIT SRIVASTAVA', 'RATNAKAR GIRI GOSWAMI']

Judgment reserved on 14.11.2022

Judgment delivered on 23.11.2022

Court No. - 84

Case :- APPLICATION U/S 482 No. - 24138 of 2021

Applicant :- Laxmi And Others

Opposite Party :- State of U.P. and Another

Counsel for Applicant :- Purushottam Dixit

Counsel for Opposite Party :- G.A.,Ankit Srivastava,Ratnakar

Giri Goswami

Hon'ble Saurabh Shyam Shamshery,J.

1.

Heard Sri Purushottam Dixit, learned counsel for

applicants, Sri Munne Lal, learned A.G.A. for the State and Sri

Kumar Ankit Srivastava, learned counsel for opposite party

No.2.

2.

The applicants (accused) are aggrieved that their

application filed under Section 245 Cr.P.C. to discharge them

from offence under Sections 406/418 I.P.C. arising out of

Criminal Case No. 3896 of 2016 (Sunil vs. Ram Autar and

others) under Section 406/418 I.P.C., Police Station- Civil Lines,

District Etawah, pending before Additional Chief Judicial

Magistrate-II, Etawah was rejected without considering that the

complainant had given his evidence under Section 244 Cr.P.C.

and without considering his cross examination that no case was

made out against the accused which, if unrebutted, would

warrant their convictio