RAM DULARE Vs. STATE OF U.P.

JUDGEMENT

(1.) This application under Section 482 Cr.P.C. has been preferred against the judgment and order dated 15.10.2019 passed by Special Judge (Docoity Affected Area), Kanpur Dehat, in S.S.T No. 140 of 2018 (Raghuveer Singh Vs. Ram Dulare and others), under Sections 392, 354, 452, 504, 506(2) of I.P.C., Police Station - Moosanagar, District - Kanpur Dehat, whereby application of the applicants for discharge was rejected and applicants were summoned.

(2.) All the contentions raised by the learned counsel for the applicants relate to disputed questions of fact. The court has also been called upon to adjudge the testimonial worth of prosecution evidence and evaluate the same on the basis of various intricacies of factual details which have been touched upon by the learned counsel. The veracity and credibility of material furnished on behalf of the prosecution has been questioned and false implication has been pleaded.

(3.) Before proceeding to adjudge the validity of the impugned order it may be useful to cast a fleeting glance to some of the representative cases decided by the Hon'ble Supreme Court which have expatiated upon the legal approach to be adopted at the time of framing of the charge or at the time of deciding whether the accused ought to be discharged. It shall be advantageous to refer to the observations made by the Hon'ble Apex Court in the case of State of Bihar vs. Ramesh Singh 1977 (4) SCC 39 which are as follows :-