ILIYAS Vs. STATE OF U P

JUDGEMENT

(1.) This revision has been filed against the order dated 12. 11. 2008 passed by the Additional Sessions Judge, Court No. 2, Muzaffar Nagar, in S. T. No. 1843 of 2007, State Vs. Iliyas and others, whereby the court proceeded to frame charges u/s 364, 302, 201 I. P. C. against the revisionists. It appears from the record that Guljar Ahmad alias Bhaiya, son of Jalis Ahmad, was the husband of the revisionist Smt. Firoza, who went missing since 23. 6. 2007. About this missing the revisionist Smt. Firoza and the brother of Guljar informed the police. The FIR was lodged by the brother of Guljar and the matter was investigated, during which the evidence was collected to the effect that Guljar was last seen in the company of the revisionists. The evidence was also collected to the effect that the clothes of the victim were recovered on the pointing out of the accused Iliyas. I have heard Mr. Bakhteyar Yusuf, learned counsel for the revisionists, learned AGA for the State and perused the record. Mr. Yusuf argued that the revisionist Smt. Firoza herself had informed the police of Police Station Bhopa, District Muzaffar Nagar, that her husband had gone at his own accord and therefore, the revisionists should be discharged. He further argued that in order to grab the property of Guljar his brothers had committed the occurrence and in this view of the matter also the revisionists deserve discharge. I feel that whatever has been argued by Mr. Yusuf relates to the defence, which cannot be considered at the time of framing of the charge. At the time of framing of the charge the material collected during the investigation has only to be seen and from that material a case u/s 364, 302, 201 I. P. C. is prima-facie made out, therefore, there is no impropriety in the impugned order. The revision has no merits and is hereby dismissed. .