LAWS(ALL)-2007-7-118

TRIBHUVAN NATH Vs. STATE OF U P

Decided On July 19, 2007
TRIBHUVAN NATH Appellant
V/S
STATE OF U P Respondents

JUDGEMENT

(1.) THIS application under Section 482 Cr.P.C. was moved by the applicant for quashing the order dated 16.4.2007 passed by Chief Judicial Magistrate, Ghazipur in criminal case no. 493 of 2006, by which the applicants have been summoned for trial for the offence punishable under Sections 406, 498A, 504, 506 IPC and 3/4 Dowry Prohibition Act, police station Kotwali, district Ghazipur.

(2.) I have heard Shri Rajendra Kumar, learned counsel for the applicants and learned AGA for the State and perused the file.

(3.) IN view of above legal positions, I am of the view that learned Magistrate has exercised the correct option by treating the application under Section 156(3) Cr.P.C. as complaint. The learned Magistrate recorded the statement of the complainant and made suitable inquiry under section 202 Cr.P.C. and found a prima facie case against the applicant and summoned them for trail. No illegality in order appears. The application under Section 482 Cr.P.C. is dismissed.