JUDGEMENT
H.C.MISHRA -
(1.) HEARD the Learned Counsel for the petitioners and the Learned Counsel for the State, as also Learned Counsel for the informant opposite party No. 2.
(2.) The petitioners are aggrieved by the order dated 23.8.2003 passed by the learned S.D.J.M., Dumka, in T.R No. 1100 of 2003, whereby, the application filed for discharge by the petitioners has been rejected by the Court below. The petitioners have been made accused in Dumka (Sadar) P.S Case No. 143 of 2002 corresponding to G.R No. 769 of 2002 for the offence under Section 498A of the I.P.C., wherein there is allegation against the petitioners, who are the husband and the in -laws of the victim informant, to have subjected her to cruelty and torture for the demand of dowry.
(3.) IT appears that upon investigation, the police submitted charge -sheet in this case and the cognizance was also taken against the petitioners. Subsequently, the petitioners filed an application for discharge in the Court below and the Court below after coming to the conclusion that on the basis of the record, the offence is made out against the petitioners and there is sufficient material to frame charge, rejected the application by the impugned order dated 23.8.2003, asking the petitioners to appear in the Court for framing of charge.;
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