D.P.SINGH, J. - (1.) HEARD both the sides at length. This petition has been preferred by the petitioners against the order dated 20.6.2006 passed in Bokaro Thermal P.S. Case No. 46 of 2004 by which the prayer for discharge preferred by the petitioners have been rejected.
(2.) ACCORDING to learned Counsel the learned court below has failed to consider the materials on record which did not disclose any offence committed by these petitioners for offences under Section 498A of the Indian Penal Code. It is further submitted that earlier the FIR was lodged under Section 304B, 498A of the Indian Penal Code and 3/4 of the Dowry Prohibition Act in which the police submitted final form showing "Mistake of fact" The learned ACJM, Bermo at Tenughat after considering the materials before it decided to proceed against the petitioners under Section 498A of the Indian Penal Code only. The above mentioned facts were reagitated through discharge petition but the trial court by order dated 20.6.2006 refused to entertain them without holding that there were sufficient materials on record to frame charge. In. this context the learned Counsel for the petitioners relied upon and 2004 (3) SCC 425.
(3.) THE learned APP opposed on the grounds that the learned trial court has discussed the materials before it and after due consideration held that there were sufficient materials to frame charge against the petitioners.;