- (1.) This Criminal Revision is filed against the judgment and order dated 5.11.2015 passed by the Additional Sessions Judge (S. C. & S. T.(P.A.) Act), Mainpuri in S.T. No. 39 of 2012 (State Vs. Gaya Prasad and others) whereby the Court below rejected the application of the revisionists for discharge under Section 227 Cr.P.C. in connection with trial under Section 323/504/506/452 IPC and under Section 3 (1)(10) of S.C. & S.T. Act, Police Station Bhogaon, district Mainpuri.
(2.) Submission of the learned counsel for the revisionists is that at the stage of framing of charge the court concerned can consider the evidence filed by the accused persons. Trial court failed to appreciate the evidence filed by the revisionists and illegally framed the charge against the revisionists. It was further argued that present complaint was filed due to earlier litigation. There was no any injury report to support the offence under Section 323 IPC. No any application under Section 155 Cr. P.C. or under Section 156 (3) Cr.P.C. was moved, straightaway after lodging the N.C.R. present complaint was filed. It was also argued that no prima facie case was made out. The order passed by the court concerned for framing the charge is illegal.
(3.) Learned counsel for the revisionists placed reliance on the following case laws : 1. Dilawar Balu Kurane Vs. State of Maharashtra, 2002 2 SCC 135. 2. Rukmini Narvekar Vs. Vijaya Satardekar and othrs, 2008 14 SCC 1.;