SHIV KUMARI Vs. STATE OF U P

JUDGEMENT

(1.) HEARD learned counsel for the petitioner and learned AGA.

(2.) FROM the record, it transpires that chargesheet was submitted against applicant under Sections 419, 420, 467, 468, 471 IPC. Petitioner had filed Criminal Misc. Case No. 2742 of 2007 (u/s 482 Cr.P.C) which was disposed of finally on 23.04.2009 by Hon'ble Mr. Justice D.V. Sharma (Retd.) directing the petitioner to move application under Section 239 Cr.P.C. which was to be disposed of within 30 days. Another petition was filed by the petitioner being Criminal Misc. Case No. 3294 of 2009 (u/s 482 Cr.P.C.) which too was disposed of on 11.09.2009 with the direction to consider the bail application, if possible on the same day.

(3.) FROM the above section, it is manifest that Magistrate has to consider the police report and documents sent therewith under Section 173 Cr.P.C., examine the accused and give opportunity of hearing to both the parties. He can discharge the accused if he finds that charge against the accused groundless and he will have to record reasoning therefor. On the other hand, if he finds the grounds for presuming that the accused has committed an offence then charge will be framed under Section 240 Cr.P.C. Application moved under Section 239 Cr.P.C., raises many grounds, however, learned Magistrate has not considered any ground and has rejected the application by one sentence :