SANGITA DEVI Vs. STATE OF U P

JUDGEMENT

(1.) Heard Sri Pradeep Kumar and Sri Uma Nath Pandey learned counsel for the petitioners, learned A.G.A. and Sri Satyendra Narayan Singh and Sri R.P. Srivas-tava learned counsel for the respondent No. 2.

(2.) This petition has been filed against the order dated 22-9-2003 passed by learned C.J.M. Basti in Criminal Case No. 4862 of 2002 whereby the application under Section 239 Cr.P.C. filed by the petitioners was rejected and the order dated 5-6-2004 passed by the learned Additional Sessions Judge, Court No. 1, Basti in Criminal Revision No. 761 of 2003 whereby the revision filed by the petitioners was dismissed.

(3.) The facts in brief of the case are that an F.I.R. was lodged by the respondent No. 2 in Case Crime No. 12 of 200, under Section 498-A, 323, 504 and 506 I.P.C. at Police Station Purani Basti, District Basti on 14-1-2000. After completing investigation charge sheet dated 27-2-2000 was submitted by the 1.0. against the petitioners and one Rakesh Kumar for the offences punishable under Sections 498-A, 323, 504 and 506 I.P.C. on the basis of the charge sheet submitted by the 1.0. the learned Magistrate took the cognizance and summoned the petitioners to face the trial for the above mentioned offences on 15-9-2000 by the learned C.J.M. Basti. Thereafter, the petitioner moved an application dated 21-1-2000 under Section 239 Cr.P.C. in the court of the learned C.J.M., Basti with a prayer that the petitioners were falsely implicated and no offence is made out against them, so they may be discharged for the offences in which they have been summoned to face the trial. That application was rejected by the learned C.J.M. on 22-9- 2003. Against that order the petitioners filed Criminal Revision No. 761 of 2003. The same was dismissed by the learned Additional Sessions Judge, Court No. 1, Basti on 5-6-2004.