MAHENDRA KUMAR MISHRA Vs. CHANDRA SHEKHAR PRASAD MISHRA

JUDGEMENT

(1.) This is a petition under Section 482 of the Code of Criminal Procedure, 1973 (hereinafter to be referred to as 'the Code') for quashing the order dated 1-12-1995 in Criminal Case No. 201 of 1994 of the Judicial Magistrate First Class, Satna and also the order dated 4-10-1997 in Criminal Revision No. 7 of 1996 of the Third Additional Sessions Judge, Satna.

(2.) Applicant Mahendra Kumar Mishra filed a complaint in the Court of Judicial Magistrate First Class, Satna. He was examined under Section 200 of the Code. The statements of the five witnesses, produced by him, were also recorded. The case was registered under Sections 294, 323 and 506 (Part II) I.P.C. and under Section 3/4 of the Dowry Prohibition Act, 1961. The Magistrate found that there is sufficient ground for proceeding against the accused persons and, therefore, issued process against them for their appearance in the Court. The accused persons appeared and submitted an application for their discharge on the ground that the charges against them were groundless.

(3.) After hearing the arguments of both the sides the trial Magistrate by the impugned order dated 1-12-1995 dischargded them. The applicant challenged this order in revision before the Third Additional Sessions Judge, Satna in Criminal Revn. No. 7 of 1996. That revision has been dismissed by order dated 4-10-1997. Both the Courts have been given detailed reasons in support of the impugned orders.