Reply To: Grant of bill –Relevant considerations

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advtanmoy
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Cr.P.C SEC-239,

Shoraj singh Ahlawat and ors v. State of u.p. and anr. (AIR 2013 SC 52)

T.S.THAKUR AND FAKKIR MOHAMED IBRAHIM KALLIFULLA, JJ. Issue, Discharge

Consideration–Magistrate has on basis of material on record only to see whether there is ground to presume that accused has committed offence–Even strong suspicion about existence of facts constituting offence—Sufficent to refuse discharge.

SEC-239,273

Discharge
Complaint of dowry harassment– Complaint making specific allegations not only against husband but also against in-laws–conceding that in matrimonial cases tendency to rope in as many members of family of husband as possible is on rise–court would not at intermediate stage speculate whether allegations are true or false and direct discharge-in-laws being senior citizens-their personal attendance however exempted.