RAKESH KUMAR HANSH Vs. THE STATE OF U.P. AND ORS.
LAWS(ALL)-2015-7-61
HIGH COURT OF ALLAHABAD
Decided on July 24,2015

Rakesh Kumar Hansh Appellant
VERSUS
The State of U.P. and Ors. Respondents

JUDGEMENT

Aditya Nath Mittal, J. - (1.) HEARD learned counsel for the petitioner, learned AGA and perused the record.
(2.) THIS petition has been filed with the prayer to quash the impugned order dated 22.04.2015 passed by the learned Additional Sessions Judge (FTC), Sitapur in ST No. 570 of 2014 Sate vs. Rakesh Kumar Hansh arising out of case crime No. 212 of 2013 under section 498 -A, 304B IPC and Section 3/4 D.P. Act, relating to P.S. Kotwali, District Sitapur. Learned counsel for the petitioner has submitted that the counsel for the petitioner was called to mark the admission/denial on the documents upon which the endorsement was made. An oral prayer was also made to discharge the accused, upon which the learned court below after considering the evidence on record and coming to the conclusion that the deceased died unnatural death at the house of her husband and there were clear allegations of demand of Alto Car in the dowry and causing cruelty in connection with demand of dowry. It was directed that there are sufficient ground to proceed against the petitioner to frame charge under section 498 -A, 304B IPC and 3/4 of Dowry Prohibition Act.
(3.) SECTION 227 of the Code of Criminal Procedure provides that if, upon consideration of the record of the case and the documents submitted therewith, and after hearing the submissions of the accused and the prosecution in this behalf, the Judge considers that there is no sufficient ground for proceeding against the accused, he shall discharge the accused and record his reasons for so doing.;


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