LAWS(ALL)-2004-12-110

NEERAJ TYAGI Vs. STATE OF U P

Decided On December 20, 2004
NEERAJ TYAGI Appellant
V/S
STATE OF UTTAR PRADESH Respondents

JUDGEMENT

(1.) RAVINDRA Singh, J. Heard Sri Santosh Tripathi, learned Counsel for the petitioner, learned A. G. A. and Sri A. N. Tripathi, learned Counsel for the respondent No. 2.

(2.) THIS writ petition has been filed against order dated 30-5-1996, passed by learned Chief Judicial Magistrate, Ghaziabad, by which the final report submitted by the Investigating Officer was rejected and the petitioner had been summoned to face trial for the offence punishable under Sections 498-A, 323 I. P. C. and 3/4 Dowry Prohibition Act and the order dated 10-9-2002 passed by learned Sessions Judge, Ghaziabad in Criminal Revision No. 445 of 2002, whereby the revision filed by the petitioner was dismissed.

(3.) THIS contention is opposed by learned A. G. A. and Sri A. N. Tripathi, learned Counsel for the respondent No. 2 by submitting that there is sufficient material present on the record to show that the petitioner has committed the alleged offence and after considering all the facts and circumstances of the case, the learned Chief Judicial Magistrate, Ghaziabad has summoned the petitioner to face trial by rejecting the final report.