TMI Blog2017 (2) TMI 1417X X X X Extracts X X X X X X X X Extracts X X X X ..... icion. Marshaling and appreciation of evidence is not within the domain of this Court to go into merits and demerits of the allegation simply because the applicant alleges malus animus against the complainant-opposite party no.2. This Court would also refrain from making imaginary journey in the realm of possible harassment which may have caused to the applicants on account of filing the complaint ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... cation under Section 156(3) Cr.P.C. moved by the O.P. No. 2 against the revisionist and after completion of investigation, the final report was submitted on 17.04.2012. However, the court below rejected the final report and directed the police concerned for further investigation, the police concerned has again submitted the final report in favour of the applicant. Thereafter second protest petitio ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... moved the discharge application and the same was rejected by the Court below by the impugned order dated 29.11.2016. The submission of the learned counsel for the applicant is that the no case is made out against the applicant, and false allegation has been made in the complaint only to pressurize the applicant to get the claim of insurance money released. Learned Magistrate without assi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... urt below and after the prosecution evidence is led he could have filed discharge application. There is no change in the circumstance since the summoning order was passed against the revisionist. At the stage of taking cognizance or passing the summoning order only prima facie case has to be seen. There is no procedural illegality in the order impugned. It is only at the stage of the tria ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... can be framed also on the basis of strong suspicion. Marshaling and appreciation of evidence is not within the domain of this Court to go into merits and demerits of the allegation simply because the applicant alleges malus animus against the complainant-opposite party no.2. This Court would also refrain from making imaginary journey in the realm of possible harassment which may have caused to th ..... X X X X Extracts X X X X X X X X Extracts X X X X
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