- (1.) The present application under Section 482 Cr.P.C. has been preferred against the judgment and order dated 06.08.2019 passed by Chief Judicial Magistrate, Banda, in Criminal Case No. 4344 of 2017 ( State vs. Dilip Yadav ) arising out of Case Crime No. 212 of 2017, under Section 406 I.P.C., Police Station-Bisanda, District-Banda, whereby application of the applicant for discharge was rejected and applicant was summoned.
(2.) Heard Sri Ram Singh learned counsel for the applicant as well as learned A.G.A. Entire record has been perused.
(3.) All the contentions raised by the applicant's counsel 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. 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 :- ;