RAIS MIAN Vs. STATE OF U P

JUDGEMENT

(1.) R. K. Rastogi, J. This is an application under Section 482 Cr. P. C. for quashing the order dated 3-5-2007 passed by the Judicial Magistrate, Etah in Criminal Case No. 381/2006, State v. Rais Miyan and Ors. .

(2.) THE facts relevant for disposal of this application are that on an application of opposite party No. 2 Smt. Ruheen alias Ruhee against the accused applicants under Section 156 (3) Cr. P. C. the learned Magistrate passed an order for registration of the case and on the basis of that order a F. I. R. was lodged against the accused applicants under Sections 498-A, 406, 506 I. P. C. and 3/4 Dowry Prohibition Act, P. S. Kasganj District Etah.

(3.) SECTION 239 Cr. P. C. runs as follows : "239. When accused shall be discharged.- If, upon considering the police report and the documents sent with it under SECTION 173 and making such examination, if any, of the accused as the Magistrate thinks necessary and after giving the prosecution and the accused an opportunity of being heard, the Magistrate considers the charge against the accused to be groundless, he shall discharge the accused, and record his reasons for so doing. "