AJEET SINGH Vs. STATE OF U.P.

JUDGEMENT

(1.) Heard Sri R. N. Tripathi, holding brief of Sri Kamlesh Kumar, learned counsel for the revisionist and Ms. Sushma Soni, learned Additional Government Advocate appearing for the State- opposite party.

(2.) The present revision has been filed against the judgment and order dtd. 26/10/2021 passed by the learned Additional Chief Judicial Magistrate, Room No.18, Allahabad in Criminal Case No. 762 of 2015 (State vs. Ajeet Singh), whereby the learned Additional Chief Judicial Magistrate, Room No.18, Allahabad rejected the application under Sec. 239 Cr.P.C. filed by the revisionist.

(3.) Pleadings in the case indicates that the proceedings in the criminal case were initiated pursuant to an FIR lodged on 20/6/2014 registered as Case Crime No. 149 of 2014, under Sec. 354 of the Indian Penal Code, 1860 [1] and upon investigation a police report under Ss. 354B, 506 of the Penal Code was placed before the Magistrate. The opposite party no.2 in her statement under Sec. 161 of the Code of Criminal Procedure, 1973[2] reiterated the FIR version. An application for discharge under Sec. 239 of the Code was moved primarily seeking to contend that there was variance in the statements of the opposite party no.2 under Sec. 161 and Sec. 164 of the Code with the F.I.R. version, and accordingly the testimony of the opposite party no.1 was sought to be impeached and discharge was sought. [1] The Penal Code [2] The Code