S.C.AGARWAL,J. - (1.) HEARD learned counsel for the revisionist and learned A.G.A. for the State.
(2.) NO notice is issued to private opposite party in view of the order proposed to be passed today, however, liberty is reserved for private opposite party to apply for variation or modification of this order if he feels so aggrieved. This revision is directed against the order dated 31.5.2010, passed by the 1st Addl. Judicial Magistrate, Mohammadabad, Ghazipur in Criminal Complaint No. 3 of 2008, Ram Nagina v. Muritya Devi and others, under Sections 323, 324, 504, 506, 120B, 147, 148 and 149, I.P.C., P.S. Baresar, district-Ghazipur, whereby one of the accused Rajesh was discharged and charge under Sections 323, 504 and 506, I.P.C. was ordered to be framed against the remaining accused. The revisionist is the complainant in the aforesaid case.
(3.) LEARNED counsel for the revisionist submitted that all the accused were summoned by the Magistrate vide order dated 11.3.2008. After recording evidence of the complainant under Section 244, Cr. P.C., the impugned order discharging Rajesh was passed by the Magistrate whereas there was sufficient ground to frame charge against opposite party No. 2.;