- (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. Heard Shri Lal Chandra Mishra, learned counsel for the revisionists as well as learned A.G.A. on behalf of the State. Perused the record including the impugned order. The submission of the counsel is that one of the accused was not present on the place of occurrence and the material indicating his alibi was produced by the accused before the trial court but the same has not been duly considered. It has been submitted that in order to create pressure to enter into a compromise with relation to a litigation which was already pending in between the parties, the present prosecution has been brought against the accused which is entirely false and frivolous.
(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. It appears from the record that there is allegation against the accused-revisionists for having criminally assaulted the first informant of the case. There is also the allegation of taking away Rs.300/- which had dropped down during the period of assault done on the first informant. There is also allegation of threats being given by the accused. The discharge application was moved primarily on the ground of false implication due to previous enmity and the plea of alibi was also raised regarding one of the accused. Before proceeding to adjudge the validity of the impugned order it may be useful to cast a fleeting glance to some of the representative cases decided by the Hon'ble Supreme Court which have expatiated the legal approach to be adopted at the time of framing of the charge. It shall be advantageous to refer to the observations made by the Hon'ble Apex Court in the case of State of Bihar vs. Ramesh Singh, 1977 4 SCC 39which are as follows :-;