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Judgment
10 paragraphs · 165 wordsHeard learned counsel for the parties.
Leave granted.
The charge-sheet has been filed before the Trial Court. The Trial Court has taken cognizance under Section 304-B of the Indian Penal Code. The
death has taken place within three years. A reading of the FIR and statement of the father and the family members of the girl implicates the husband
and another accused. It was not the stage to disbelieve their version by the High Court, as has been done in the impugned order, and to give a clean
chit to accused persons while allowing the discharge application, which was rightly rejected by the Chief Judicial Magistrate.
Thus, in the facts and circumstances, we set aside the impugned order passed by the High Court and restore that of the Chief Judicial Magistrate.
The appeals are, accordingly, allowed.
We make it clear that we have not commented on the merits of the case.
Pending application(s), if any, shall stands disposed of.