PRASHANT KUMAR - (1.) THIS application has been filed against the order dated 8.2.2000 passed by S.D.J.M., Giridih in Complaint Case No. 1275 of 1999 whereby cognizance of offence under Sections 498A, 406 and 323 of the I.P.C. was taken against the petitioners.
(2.) IT is submitted by Mr. C.S. Prasad, learned counsel for the petitioners that no offence under Sections 498A, 406 and 323 of the I.P.C. is made out. On the other hand, Mr. Lalit Kumar Lal, learned counsel for O.P. NO.2 submits that from plain reading of complaint petition as well as statements of the complainant" on oath offences under Sections 406 and 323 of the I.P.C. are made out. It is further submitted that petitioners have come against the order of cognizance and till filing of the case, charge has not been framed. Accordingly, it is submitted that points raised in this application can be raised by the petitioners at the time of framing of charge.
(3.) HAVING heard the submissions, I agree with the submissions raised of Mr. Lal. Accordingly, I order that petitioners shall raise all the points taken in this application at the time of framing of charge by filing application for discharge under Section 245 of the Cr.P.C. and the court below will dispose of such application in accordance with law.;