- (1.) This revision has been filed against the judgment and order dated 1.8.2014, passed by learned Judicial Magistrate-IInd, Court No. 18, Jaunpur in Case No. 3441 of 2008 (State Vs. Sohan Lal and others), arising out of Case Crime No. 643 of 2007, under Sections 447, 448, 326, 504, 506, 352 I.P.C., Police Station Khutahan, District Jaunpur, whereby the discharge application of the revisionist has been rejected.
(2.) Heard learned counsel for the revisionist and learned A.G.A.
(3.) Learned counsel for the revisionist has submitted that learned Court below without applying its judicial mind has passed the impugned order in a mechanical manner. Learned counsel has further submitted that Court below has also failed to consider the parallel Magisterial inquiry conducted in the present case and has not considered the material facts and documents regarding the civil suit as well as interim injunction continuing in the subject matter of present case. Learned counsel for the revisionist has next submitted that Court below has rejected the discharge application of revisionist only on the basis of statement of complainant. It has lastly been submitted that in the same incident opposite party no. 2 and other accused persons have already been summoned by learned Court below in Complaint Case No. 1004 of 2008, under Sections 147, 504, 506, 379, 427 I.P.C. by order dated 8.4.2008, therefore, the impugned order dated 1.8.2014, which has been passed without appreciating the evidence on record, be set aside.;