U.S.TRIPATHI, J. - (1.) HEARD learned Counsel for the applicants and learned A.G.A. and perused the record.
(2.) THIS application under Section 482 Cr. P.C. has been filed for quashing the order dated 16-8-2001 passed by Sessions Judge, Chandauli in Criminal Revision No. 21 of 2001 as well as the order dated 2-2-2001 passed by Civil Judge, (Sr. Division)/A.C.J.M., Chandauli in case crime No. 19 of 2000. An F.I.R. was lodged against the applicants under Sections 323, 498-A I.P.C. and 3/4 Dowry Prohibition Act by opposite party No. 3. After investigation the police submitted charge sheet against the applicants under said Section.
(3.) ON the receipt of the charge sheet, the accused applicants were summoned. On the date of charge, the applicants moved an application for discharging them under Section 239 Cr. P.C. mainly on the ground that according to prosecution allegations the opposite party No. 3 was turned down from her matrimonial home after beating on 5-2-2000. That opposite party No. 3 remained at the house of applicants from 13-12-1999 to 5-2-2000 but during her above stay at the applicants' house, she did not make any complaint regarding cruelty or torture or demand of dowry. That applicant Ram Kawal Tiwari was on casual leave from 11th February, 2000 to 13th February, 2000 and that during investigation, the I.O. had recorded statements of certain persons, who were already dead.;