ALOK KUMAR DUBEY Vs. STATE OF C.G
LAWS(CHH)-2007-4-22
HIGH COURT OF CHHATTISGARH
Decided on April 18,2007

ALOK KUMAR DUBEY Appellant
VERSUS
STATE OF C.G. Respondents




JUDGEMENT

Sunil Kumar Sinha, J. - (1.)HEARD. Office has raised certain defaults. The defaults are formal. The same are condoned. HEARD on admission.
(2.)THIS petition is directed against the order dated 1st December, 2006, passed in Criminal Revision No. 343/2006 by the 3rd Additional Sessions Judge, Bilaspur (CG), whereby the learned A.S.J., while dismissing the revision of the Petitioners, has confirmed the order dated 21.9.2006, passed by the Judicial Magistrate First Class, Bilaspur in Criminal Case No. 432/2006, by which, the said Court had framed charges under Section 498-A/34 IPC against all the Petitioners.
The brief facts are that on a First Information Report, lodged by the complainant namely Smt. Vinti Dubey, who is the wife of Alok Kumar Dubey (Petitioner No. 1. herein), an offence under Section 498-A/34 IPC was registered against the Petitioners, who are the husband and relatives of the husband. After due enquiry, a charge sheet was filed and the concerned Magistrate framed the charges under the aforesaid Sections of IPC, which was challenged by the Petitioners in a Revision before the Sessions Court and it was dismissed by the said Court.

(3.)LEARNED Counsel for the Petitioners argues that prima facie there does not appear to be any material against Petitioners No. 2 to 5, therefore, they should be discharged. He also argues that there was no prima facie material even against Petitioner No. 1 and the charges framed against him are also not sustainable. His submission is that the trial Court as well as the revisional Court erred in law in framing the charges under Section 498-A/34 IPC against all the Petitioners, which should be interfered by this Court.


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