- (1.) Instant criminal revision filed under Section 397/401 Cr.P.C. is directed against the order dated 22/09/2014 passed by Chief Judicial Magistrate, Hamirpur in criminal complaint case no. 703 of 2005 rejecting application for discharge moved under Section 245 (2) Cr.P.C.
(2.) I have heard both the learned counsels at some length.
(3.) Briefly stated case of the revisionists is that Hidayat Khan recorded tenure holder transferred plot nos. 94, 196, 179 and 199 situated in Mauza Ragaul, Pargana and Tehsil Maudaha in favour of revisionists by way of registered sale deed on 26/08/1975. Suit for cancellation of sale deed was filed by Ashraf Hussain bearing suit no. 266 of 1998. Thereafter he also filed a complaint case before Magistrate-1st class, Maudaha, District Hamirpur on 03/06/2000, which was registered under Sections 452, 504, 506, 120-B IPC. Magistrate after recording the statement under Sections 200 & 202 Cr.P.C. summoned the revisionists vide order dated 04/08/2007 under Sections 452, 504, 506, 120-B IPC. Aforesaid summoning order and proceedings were challenged by the accused persons under Section 482 Cr.P.C. (Application U/S 482 no. 23352 of 2012), which was disposed of finally on 06/08/2012. Learned Single Judge of this Court while disposing of the petition under Section 482 Cr.P.C. directed the accused persons to move application under Section 245 (2) Cr.P.C., which was to be heard and disposed of in accordance with law and till disposal, no coercive steps were to be taken against the accused persons. Relevant part of the judgment is being reproduced below:- "Considering the facts and circumstances of the case and submissions made by the learned counsel for the applicants and the learned AGA, it is directed that in case the applicants move an application under Section 245(2) Cr.P.C. before the court concerned, through their counsel within 30 days from today, the same shall be heard and disposed of expeditiously in accordance with the provisions of law. Till the disposal of that application, no coercive steps shall be taken against the applicants.";