Order 1

Order Details: Order Below EX 1
Pdf Text: C. C. No. 1044 PW 2022 State Vs Nakul
CNR-MHMM18-004899-2022
ORDER BELOW EXH.9
1. Perused record. Heard both the sides.
2. This is an application filed under Section 239 of Code of Criminal
Procedure, for discharge mainly on the grounds that on the basis of
evidence produced no genuine case for trial is made out as allegations are
unsubstantiated. There are several variations in the report lodged.
Material evidence not collected. Essential ingredients not made out. No
independent witness examined by Investigating Officer. Therefore,
accused shall be discharged.
3. Ld. A.P.P. objected to it stating that offence is serious. There is
enough material to proceed further. Allegations are serious. No case of
discharge made out. Therefore, application shall be rejected.
4. The summary of the allegations is that there occurred dispute
between informant and accused when she was shifting her house articles
after availing services of packers. In the said incidence accused
threatened and abused informant and her mother and also touched her.
5. Thus, from the contents of the First Information Report, prima
facie case showing involvement of the accused made out. Allegations are
clear and specific. The grounds assigned for discharge are of a such
nature that their scrutiny is necessary through trial. Accused mainly
disputed the genuineness of allegations for several reasons including
improbability and want of sufficient reliable evidence. These aspects can
not be gone into without full fledged trial.
6. The law in respect of discharge is well settled. The allegations or
the material produced if accepted by accused as it is and no conviction is
warranted accused can be discharged. There is no need to face trial. As
observed above the allegations are specific. If this test is applied to above
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C. C. No. 1044 PW 2022 State Vs Nakul
CNR-MHMM18-004899-2022
facts and grounds pleaded, accused can not be discharged as the
allegations shows his clear involvement. The application lacks merits. No
case of discharge made out. Hence, following order -
ORDER
Application is rejected.
Sd/-
MUMBAI (KOMALSING RAJPUT)
DATE – 24.04.2024 M.M., 12TH COURT, BANDRA, MUMBAI
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