DINESH KUMAR DWIVEDI Vs. STATE OF M P

JUDGEMENT

(1.) This application has been filed under Section 482 of Cr.P.C. for quashing the order dated 27-8- 2016 passed by 2nd A.S.J., Gwalior in Criminal Revision No. 278/2016, by which the order dated 14-6-2016 passed by J.M.F.C. Gwalior in Criminal Case No. 12732/2015 has been affirmed.

(2.) The applicant who is facing trial for offence under Section 171 of I.P.C., filed an application under Section 239 of Cr.P.C. for discharge. The said application was rejected by the Magistrate by order dated 14-7-2016, holding that since, the offence under question is to be tried as a Summons Case, therefore, there is no provision for discharge of accused.

(3.) Being aggrieved by the order of the Magistrate, the applicant filed a criminal revision which too has suffered dismissal by order dated 27- 8-2016.