- (1.) R. K. Rastogi, J. This is an application under Section 482 Cr. P. C. for quashing the order dated 3-5-2007 passed by the Judicial Magistrate, Etah in Criminal Case No. 381/2006, State v. Rais Miyan and Ors. .
(2.) THE facts relevant for disposal of this application are that on an application of opposite party No. 2 Smt. Ruheen alias Ruhee against the accused applicants under Section 156 (3) Cr. P. C. the learned Magistrate passed an order for registration of the case and on the basis of that order a F. I. R. was lodged against the accused applicants under Sections 498-A, 406, 506 I. P. C. and 3/4 Dowry Prohibition Act, P. S. Kasganj District Etah. The police after investigation submitted charge-sheet against all the accused persons on 23-7-2005. The applicants moved an application under Section 239 Cr. P. C. for discharge. The learned Magistrate, after hearing both the parties, rejected that application vide his order dated 3-5-2007. Aggrieved with that order, this application under Section 482 Cr. P. C. has been filed. I have heard the learned Counsel for the applicants as well as the learned A. G. A. for the State.
(3.) SECTION 239 Cr. P. C. runs as follows : "239. When accused shall be discharged.- If, upon considering the police report and the documents sent with it under SECTION 173 and making such examination, if any, of the accused as the Magistrate thinks necessary and after giving the prosecution and the accused an opportunity of being heard, the Magistrate considers the charge against the accused to be groundless, he shall discharge the accused, and record his reasons for so doing. " It is apparent from perusal of the above Section that at the stage of consideration of discharge of the accused, the Magistrate shall consider the police report and the documents sent with it under Section 173 Cr. P. C. and while making such consideration he can examine the accused, if necessary, and an opportunity of hearing is to be given to the prosecution as well as to the accused, and then if the Magistrate finds that the charges against the accused are groundless he shall discharge the accused by a reasoned order.;