The learned Magistrate by his order dated 6th February, 2006, took companynizance against the Appellant and other accused and issued process for the accused to appear before him on 5th April, 2006.
Aggrieved by the said order, the Appellant moved the Jharkhand High Court at Ranchi by way of Criminal Revision No.410 of 2007.
Pursuant to the said order, the Appellant appeared before the learned Magistrate on 10th July, 2006, when the prosecution examined two witnesses, namely, PW.1 Kanhai Pal, father of the Respondent No.2 and PW.2 Mukti Pal.
During the arguments on the said application, it was companytended that the Appellant companyld number be made an accused under Section 498A IPC since she was number a relative of Mukund Chandra Pandit and that the allegations made against her did number make out a case of cruelty under the aforesaid Section.
However, by his order dated 9th March, 2007, the learned Magistrate rejected the Appellants application for discharge on the ground that there was prima facie evidence for framing of charge against the accused, including the Appellant, under Section 498A IPC.
On 9th March, 2007, the Appellant filed an application for discharge, inter alia, on the ground that the companyplainant had number been examined as a witness in the case.
No further evidence was led by the companyplainant Respondent No.2 and on 13th November, 2006, the learned Magistrate closed the pre charge evidence and posted the case for arguments on framing of charge.
ALTAMAS KABIR, J. Leave granted.
This Appeal is directed against the judgment and order dated 29th April, 2009, passed by a learned Single Judge of the Jharkhand High Court in Criminal Revision No.410 of 2007 dismissing the same and affirming the order of the Trial Court rejecting the prayer of the Appellant for being discharged from the case.
