RAJESH KUMAR Vs. STATE OF U.P.

JUDGEMENT

(1.) Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record.

(2.) This revision has been filed against the judgment and order dated 23.10.2019 passed by Additional Chief Judicial Magistrate, Court No.8, Ghaziabad in Criminal Case No.4765 of 2015 (State Vs. Rajesh Kumar), arising out of Case Crime No.70 of 2014, under Sections 498-A, 323, 504, 506 I.P.C., Police Station Mahila Thana, District Ghaziabad, by which the learned Additional Chief Judicial Magistrate, Court No.8, Ghaziabad rejected the discharge application filed by the revisionist.

(3.) It has been contended by the learned counsel for the applicant that for the incident dated 18.10.2013, the F.I.R. was lodged on 08.06.2014 by the opposite party no.2 against the revisionist and his brothers and sisters. Subsequently, after investigation, the charge sheet was submitted on 14.08.2014 against the revisionist. Aggrieved by the charge sheet, the revisionist has approached before this Court by filing Cri. Misc. Application 482 No.31210 of 2015 and this Court vide order dated 25.04.2016 disposed off the said application with the direction to the applicant to surrender before the court below within 30 days from today and apply for bail. Pursuant to the aforesaid order, the applicant had filed a discharge application before Additional Chief Judicial Magistrate, Court No.4, Ghaziabad under Section 239 of Cr.P.C. on 11.07.2017. On 12.09.2018 the opposite party no.2 has filed a written objection against the discharge application of the revisionist on 12.09.2018. On 23.10.2019 the learned Additional Chief Judicial Magistrate, Court No.8, Ghaziabad rejected the discharge application of the applicant vide order dated 23.10.2019. The facts and grounds taken by the revisionist have not been taken into consideration by both the court below while passing the impugned order. Therefore, the order impugned is perverse and liable to be set aside.