ASHA DEVI Vs. STATE OF U. P.

JUDGEMENT

(1.) Heard learned counsel for the applicant and learned A.G.A. for the State.

(2.) This application under Sec. 482 Cr.P.C. has been preferred against the order dtd. 14/5/2024, passed by learned A.C.J.M., Court No.10, Azamgarh, in Complaint Case No.11 of 2022 (Sarita Devi Vs. Asha Devi), under Sec. 420 I.P.C., Police Station Deogaon, District- Azamgarh, whereby the application filed by the applicant seeking discharge has been rejected.

(3.) It has been submitted by learned counsel for the applicant that impugned order is against facts and law and thus liable to be set aside. It is a complaint case and in complaint case application for discharge filed on behalf of accused has to be decided under Sec. 245 Cr.P.C., whereas the learned trial court has decided the discharge application of the applicant under Sec. 239 Cr.P.C. It is further submitted that the dispute between the parties is purely civil in nature and no prima-facie case under Sec. 420 IPC is made out and that applicant was liable to be discharged but learned Magistrate has not considered facts and law in correct perspective and committed error by rejecting that application under Sec. 239 Cr.P.C. Learned counsel for the applicant has referred case of Ajoy Kumar Ghose Vs. State of Jharkhand & Another 2009 0 Supreme (SC) 497 and Sunil Mehta & Another Vs. State of Gujarat & Another 2013 0 Supreme (SC) 177, and submitted that impugned order is liable to be set aside.