- (1.) Heard Sri Hari Narayan Singh, Sri O.P. Singh, Sri Sushil Kumar Rao learned counsel for the revisionist as well as learned A.G.A. for the State.
(2.) This criminal revision has been filed to set-aside the order dated 25.1.2016 passed by Ist Additional Chief Judicial Magistrate, Mirzapur, in Criminal Case No. 3334 of 2013, (Harish Chandra Jaiswal Vs. Ashok Kumar Jaiswal) under Sections 323, 420, 506 I.P.C. Police Station Kotwali Dehat, District Mirzapur. Further prayer has been made to stay further proceedings of the aforesaid case.
(3.) Submission of the learned counsel for the revisionist is that order dated 25.1.2016 passed by the Court below is illegal. Offences as mentioned in the summoning order are not attracted against the revisionist. An application under Section 245(2) Cr.P.C. was moved in compliance of the order passed by this Court in the application under Section 482 no. 47084 of 2014. Concerned Magistrate did not consider the essential ingredients in consonance with the facts of the present matter to constitute the offence under Section 420 I.P.C. Thus, the prayer has been made to admit and allow the revision.;