RAMAWATI DEVI Vs. STATE OF U.P.

JUDGEMENT

(1.) This revision has been preferred against the order dated 25.4.2014 passed by the Special Chief Judicial Magistrate, Kanpur Nagar in State Vs. Ramawati Devi and others whereby the Special Chief Judicial Magistrate, Kanpur Nagar has dismissed the discharge application filed by the revisionist in Case No.1977 of 2011.

(2.) Brief facts are that the applicants moved an application under Section 239 Cr.P.C. for discharge of the accused. Sukhkaran died and after him, Sripati Devi got a case registered. Many cases are also pending in different court relating to the matter. The nature of the dispute is of civil nature and there are every chances that the civil suit will be decided in favour of the applicant. The complainant has said that the photo affixed in the registry is not that of her husband and some other man has been shown to have done the registry but the person whose photo has been affixed has not been made accused by the Investigating Officer and his name has also not come during the investigation.

(3.) Learned counsel for the revisionist has argued that Harsh Nath Yadav is not involved in the matter but he has been charge sheeted, which is not correct. The sale deed bears the photograph of Sukhkaran. There is no evidence against Ramawati Devi, Harsh Nath Yadav, Rameshwar Pandey, hence, they are liable to be discharged.