SALIM KHAN Vs. STATE OF UP

JUDGEMENT

(1.) Heard Sri C.K. Parekh, learned counsel for the revisionists, Sri A.K. Maurya, learned counsel for the opposite party no. 2 and learned A.G.A. and perused the material available on record.

(2.) The instant revision has been preferred by the accused persons, who are revisionists herein, against the order dated 23.10.2010 passed by the IIIrd Additional Chief Judicial Magistrate, Varanasi in Complaint Case No. 372 of 2009-Mohd. Nazir Vs. Salim Khan and others, under Sections 323, 504, 506, 452, 406 I.P.C., Police Station Sigra, District Varanasi, whereby the application of the revisionists praying for their discharge under the aforesaid offences has been rejected. Thus, the impugned order of dismissal of the application of the revisionists praying for discharge is under challenge in this revision.

(3.) The relevant facts are that the complainant Mohd. Nazir Khan, who is opposite party no. 2 herein, filed the said complaint in the aforesaid court. Original number of complaint was 3588 of 2009 which was renumbered as 372 of 2009 with certain allegations. The learned trial court after recording the statements under Section 200 and 202 Cr.P.C. of the relevant witnesses, summoned the revisionists under the aforesaid offences, on finding prima facie evidence against them. It was just thereafter that the accused persons appeared in the trial court and then moved the application for discharge which was dismissed by the trial court vide order dated 19.1.2010. The order dated 19.1.2010 was challenged by the revisionists in this Court by way of filing an application under Section 482 Cr.P.C. vide Criminal Misc. Application No. 4009 of 2010 and this Court vide order dated 10.2.2010 passed the following order:-