- (1.) CHALLENGE in this revision is to the order dated 11.10.2012 passed by Addl. Sessions Judge Court no. 14, Varanasi in S. T. No. 799 of 2011 State Vs. Vijay Prakash and others arising out of Crime no. 479/06 u/s 498 -A, 313, 504, 406 IPC and 3/4 Dowry Prohibition Act, P. S. Cantt. Varanasi, whereby application 13 -Kha and 152 Ga had been disposed of in the manner that prima facie commission of offence punishable u/s 498 -A, 504 and 506 IPC was made out against Vijay Prakash and he was discharged u/s 313 IPC and co -accused Ram Karan Prasad and Smt. Sarswati Devi (parents of opp. party no. 2) had been discharged on all counts.
(2.) ON 6.2.2015 when the revision was taken up for hearing in the Court, following statement was made by Sri Rahul Chaturvedi, learned counsel for the revisionist: "Sri Chaturvedi at the very outset confined the revision only with regard to dropping of charge under section 316 IPC against Sri Vijay Prakash. He does not press revision so far as accused Smt. Saraswati Devi and Ram Karan (parents of O. P. no. 2) who were discharged in the case." (316 IPC had been wrongly transcribed in place of 313 IPC)
(3.) THE discharge of parents of O. P. No. 2 can also not be challenged in this Court, as they have not been arrayed as opposite parties in the revision, in view of section 401 (2) Cr. P. C. Learned counsel for the revisionist, learned AGA and the opposite party no. 2 in person have been heard and the record had been perused carefully.;