The single judge bench of the Jharkhand High Court held that the provision of discharge as given in the Cr.P.C. finds its place depending upon the nature of the trial. It was furthermore held that in a case of serious nature when it is a Sessions trial case, for framing of charge, there should be sufficient ground.
Brief facts
The factual matrix of the case is that the Petitioner married the Opposite party no. 2 and it was alleged in the FIR that she was subjected to cruelty due to unlawful demand. It was furthermore alleged that her husband and her in-laws conjointly harassed her, resulting in her miscarriage. The opposite party filed an application for discharge for dropping the charges, however, the same was partially allowed. Aggrieved by this, the present revision is filed.
Contention of the Petitioner
The Petitioner contended that the trial court has exceeded its jurisdiction by meticulously scrutinizing the evidence which is not supposed to be done while considering any discharge petition.
Observations of the court
The Hon’ble Court observed that according to the provisions of the Cr.P.C., the discharge provision is applicable based on the nature of trial under Section 227 Cr.P.C., Sessions Trial case under Section 239 Cr.P.C., warrant case trial by a magistrate, and complaint case under 245 Cr.P.C.
It was furthermore observed that in a case of serious nature when it is a Sessions trial case, for framing of charge, there should be sufficient ground.
The court relied upon the judgment titled Yogesh v. State of Maharashtra.
The court noted that there exists no medical evidence of the termination of the pregnancy.
Based on these considerations, the court affirmed the impugned order.
The decision of the court
With the above direction, the court rejected the criminal revision Petition.
Case title: Guria Soni @ Guria Jauhary V. The State of Jharkhand
Coram: Hon’ble Mr. Justice Gautam Kumar Choudhary
Case No.: Cr. Revision No. 199 of 2022
Advocate for the Petitioner: Mr. Praveen Shankar Dayal, Advocate
Advocate for the State: Mr. Prabir Chatterjee, Special P.P
Advocate for the Opp Party: Mr. Ravi Prakash Mishra, Advocate
Read Judgment @Latestlaws.com
Picture Source :
