RAM KUMAR YADAV Vs. STATE OF U P

JUDGEMENT

(1.) This revision has been filed with the prayer to quash the order dated 10.10.2013 passed by the Chief Judicial Magistrate, Jhansi in Case No.168 of 2010 (Chatur Singh Vs. Ram Kumar and others) u/s 323/379/504/506 I.P.C., Police Station-Nawabad, District-Jhansi pending in the Court of Chief Judicial Magistrate, Jhansi whereby the discharge application moved by the accused-revisionists has been rejected by the trial court.

(2.) Learned counsel for the revisionists has filed the supplementary affidavit, which is taken on record.

(3.) Learned A.G.A. has also made his brief submissions and the hub of his argument is that if witnesses other than the first informant turn hostile or do not support the first informant but the first informant himself gives a statement against the accused launching allegations which make out the offence and his statement is also duly corroborated by the First Information Report lodged by him, then even this much of the material, if accepted and acted upon by the Court, would be sufficient to convict the accused. Obviously enough this much of material in the case diary would also be sufficient to frame the charge. It has also been submitted on behalf of the State that the defence documents submitted by the accused and the defence plea of alibi raised by him cannot form the basis to decide whether the charge should be framed or not nor the defence material produced by the accused at the stage of framing of the charge can form any legitimate basis to discharge the accused.