Vijay Lakshmi, J. - (1.) THIS revision has been filed against the judgment and order dated 13.5.2015, passed by learned Judicial Magistrate. Court No. 12, Deoria, in Case No. 910 of 2013 Yashoda v. Umesh and others, under sections 323, 504, 506 I.P.C. whereby the discharge application moved by the revisionists has been rejected. Heard learned Counsel for the revisionists and learned A.G.A.
(2.) LEARNED Counsel for the revisionists has submitted that the revisionists are innocent persons, who have no criminal history and the F.I.R. lodged against them is a counter -blast of Case Crime No. 144 of 2012, under sections 147, 323, 504, 325 I.P.C. at Police Station Eakauna, District Deoria, which has been instituted from the side of the revisionists against opposite parties. It has further been submitted that from the perusal of the entire evidence on record it appears that no offence is made out against the revisionists under sections 323, 504, 506 I.P.C., therefore, the impugned order dated 13.5.2015, which has been passed without appreciating the evidence on record, may be set aside. Learned A.G.A. has vehemently opposed the aforesaid submissions and contended that in wake of the injury report and the other prima facie evidence available against the revisionists and the fact that all of them are named in the F.I.R., the Court below has rightly rejected the discharge application, moved by the revisionists.
(3.) THE Sessions Judge has the power to discharge the accused in the following circumstances: (a) where the evidence produced is not sufficient, (b) where there is no legal ground for proceeding against the accused, (c) where the prosecution is clearly barred by limitation, or (d) where he is precluded from proceeding because of a prior judgment of High Court.;