SANJEEV AGARWAL Vs. STATE OF UTTARAKHAND
LAWS(UTN)-2013-9-31
HIGH COURT OF UTTARAKHAND
Decided on September 24,2013

Sanjeev Agarwal Appellant
VERSUS
STATE OF UTTARAKHAND Respondents

JUDGEMENT

Umesh Chandra Dhyani, J. - (1.) COMPLAINANT -applicant filed a criminal complaint case against accused -respondents No. 2 and 3 in the court of Addl. Chief Judicial Magistrate I, Dehradun. After recording of statements under Sections 200 and 202 of Cr.P.C., respondents No. 2 and 3 were summoned to face the trial for the offences punishable under Sections 452, 504, 506 of IPC. Thereafter, the criminal complaint case was fixed for recording of evidence under Section 244 of Cr.P.C.
(2.) THE complainant -applicant was granted opportunity to adduce evidence under Section 244 of Cr.P.C. on 08.12.2008, 27.02.2009, 26.05.2009, 15.07.2009, 17.09.2009, 07.11.2009, 03.02.2010, 07.05.2010, 19.03.2010, 01.12.2010, 04.01.2011, 21.04.2011, 23.05.2011, 07.06.2011, 09.08.2011, 07.09.2011, 21.09.2011, 27.09.2011, 14.10.2011, 04.11.2011, 01.12.2011, 19.12.2011 and 09.01.2012. No evidence was adduced on behalf of the complainant -applicant, as a consequence of which, learned Special Magistrate had no option but to discharge the accused -respondents No. 2 and 3, vide order dated 24.01.2012. A criminal revision was preferred against the said order. Criminal revision too was dismissed, vide order dated 21.05.2013. Aggrieved against the same, present application under Section 482 of Cr.P.C. was moved by the complainant -applicant. Section 244 of Cr.P.C. provides as under: "244. Evidence for prosecution. - -(1) When, in any warrant -case instituted otherwise than on a police report, the accused appears or is brought before a Magistrate, the Magistrate shall proceed to hear the prosecution and take all such evidence as may be produced in support of the prosecution. (2)........................................"
(3.) IT will also be useful to reproduce Section 245 of Cr.P.C. for the sake of convenience. The same reads as under: "245. When accused shall be discharged. - -(1) If, upon taking all the evidence referred to in section 244, the Magistrate considers, for reasons to be recorded, that no case against the accused has been made out which, if unrebutted, would warrant his conviction, the Magistrate shall discharge him. (2)........................................";


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