Ram Briksha Mishra and 7 Ors. vs State of U.P. and Another

Bala Krishna Narayana, J.—Supplementary affidavit filed today is taken on record.

Heard learned counsel for the applicants and learned A.G.A. for the State.

The applicants, by means of this application u/s 482 Cr.P.C., have invoked the inherent jurisdiction of this Court with a prayer to quash the order dated 5.2.2014 passed by Chief Judicial Magistrate, Bhadohi Gyanpur in Case no. 655 of 2012, State Vs. Ram Briksha Mishra and others, under sections 498A/34, 323/34, 504/34, 506/34 IPC and 3/4 D.P. Act, P.S. Gopiganj, District Sant Ravidas Nagar, by which he has rejected the application filed by the applicants before him for discharge.

Learned counsel for the applicants submitted that the learned Magistrate has erred in law in refusing to discharge the applicants although the charge against the applicants is groundless.

Per contra learned AGA made his submissions in support of the impugned order.

After having heard learned counsel for the parties present and perused the impugned order as well as the other material brought on record, I am of the view that the impugned order is based on relevant considerations and supported by cogent reasons and hence requires no interference by this Court.

A perusal of the impugned order (annexure no. 5 to the affidavit accompanying this application) shows that the learned Magistrate after considering the respective submissions advanced before him by the learned counsel for the parties and the evidence on record came to the conclusion that prima facie there was sufficient evidence on record for proceeding against the applicants under Sections 498A/34, 323/34, 504/34, 506/34 IPC and 3/4 D.P. Act, and they were not entitled to be discharged.

Learned counsel for the applicants has failed to demonstrate that the impugned order suffers from any illegality or infirmity. The prayer for quashing the impugned order is refused.

Accordingly, the application u/s 482 Cr.P.C. is dismissed.