HEM GARG Vs. STATE OF U P

JUDGEMENT

(1.) HEARD Sri Vikas Sharma, Advocate, holding brief of Sri Dharmendra Singhal, learned counsel for the revisionist, Sri Anil Srivastava, learned counsel for opp. party No.2 and learned AGA for the State.

(2.) THIS Criminal Revision has been preferred against the judgment and order dated 21.3.2003, passed by the Additional Sessions Judge, Court No.14, Aligarh in Criminal Revision No.720 of 2003 (Ramesh Chander Vs. Hem Garg), whereby the Lower Revisional Court discharged the accused opp. party No.2 for offence under Section 406 I.P.C.

(3.) LEARNED counsel for the revisionist argued that the impugned order passed by the Lower Revisional Court is not in accordance with law as the lower Revisional Court has exceeded in its jurisdiction and has wrongly set aside the order passed by the Magistrate framing charge against the accused opp. party No.2 for offence under Section 406 I.P.C. as a prima facie case was made out against him in the opinion of the trial Court on the basis of the evidence recorded by it.