BHARAT BHUSHAN,J. - (1.) Applicants Jayantu Lal, Rakesh Kumar, Sanjay and Pradeep have preferred this criminal revision against the order dated 20.08.2013 passed by the I - Additional Sessions Judge, Jaunpur in Sessions Trial No. 348 of 2012 (State v Jayantu Lal and another), arising out of Case Crime No. C -389 -A, under sections 419, 420, 467, 468, 471, 120 -B, 195 and 384 of the Indian Penal Code (in short "I.P.C."), Police Station Line Bazar, District Jaunpur whereby an application under section 245 (2) of the Code of Criminal Procedure (in short "Cr.P.C.") filed by the applicants (accused persons) has been dismissed by the I -Additional Sessions Judge, Jaunpur.
(2.) It appears that the parties have been litigating for quite some time and during the course of this litigation one Smt. Asharfi Devi, herein opposite party no. 2/complainant, moved an application under section 156 (3) Cr.P.C. against all the four persons, named herein above, alleging that they have forged some documents and thereafter filed those documents before the Chief Judicial Magisgtrate, Jaunpur. They wanted to get the complainant Smt. Asharfi Devi convicted in serious offences. An affidavit in the name of one Badlu was also forged. This application under section 156 (3) Cr.P.C. was accepted by the learned Chief Judicial Magistrate, Jaunpur and on 12.07.2007. He directed the police to register and investigate the matter. The case was registered as Case Crime No. C -389 A of 2007, under sections 419, 420, 467, 469, 471, 474, 120 -B and 195 I.P.C. Thereafter the police submitted the charge sheet on 22.10.2007 against all the four revisionists namely; Jayantu Lal, Rakesh Kumar, Sanjay and Pradeep under the aforesaid sections. The matter went up to the learned I - Additional Sessions Judge, Jaunpur as offence under section 195 I.P.C. is triable by the court of sessions. Section 195 I.P.C. stands for fabricating false evidence with intent to cause or knowing it to be likely that he will thereby, cause, any person to be convicted of an offence which is punishable for imprisonment for life or imprisonment for a term of seven years or upwards.
(3.) During the pendency of this trial before the learned Sessions Judge, the revisionists moved an application under section 245 (2) Cr.P.C. for discharge by denouncing of allegations of complainant Smt. Asharfi Devi and also on the ground that the prosecution of the offence under section 195 I.P.C. is barred under section 195 Cr.P.C. Application under section 245 (2) Cr.P.C. was dismissed vide impugned order dated 20.08.2013. This order is under challenge before this Court in revisional jurisdiction.;