- (1.) R. K. Rastogi, J. This is a revision against the order dated 20. 11. 2007 passed by theaddl. Sessions Judge, Court No. 1 Bhadohi, Gyanpur in ST. No. 92/07, Sfafe v. Shahid and others, under Sections 452, 336, 308, 323, 506, 427, I. P. C.
(2.) HEARD the learned Counsel for the revisionists, learned A. G. A. for the State and Mr. Imranullah, learned Counsel for the complainant opp. Party No. 2. With the consent of the parties, I have heard this revision on merits at the admission stage, and I am deciding it finally today at this stage. The facts relevant for disposal of this revision are that on 21. 10. 2006 at 9. 30 A. M. Afzal Rasheed lodged a report against the accused revisionists under Sections 452, 336, 323, 506, 427, I. PC. with these allegations that on 21. 10. 2006 at 8 A. M. he and his brother Amzad were sitting in his Hata (boundary) and at that time the above named accused persons having iron rod, Hockey stick, brick etc. reached there and started to demolish northern wall. Afzal and his brother prohib ited them from doing so, then all the persons entered the compound and started to beat both of them. Amzad received injury on his head from the iron rod and there was bleeding. Sabir also caused injury to Amzad by brick. Thereafter the accused ran away threatening to kill them. On the above report the police registered the case under Sections 452, 336, 323, 506, 427, I. PC. PS. Bhadohi District Sant Ravidas Nagar.
(3.) INJURED Afzal Rashid was medically examined on 21. 10. 2006 at 10 A. M. He had contusion on the right temporal scalp besides abrasion and contusion on left forearm and left wrist. Amzad Rashid had received lacerated bone deep wound over the right side of occipital bone and scalp and multiple abrasions over several parts of the body and one contusion on right wrist. No abnormality was detected in the X-ray of Afzal Rashid but in the x-ray of Amzad Rashid crack fracture of right side occipital bone of skull was found. It further appears that during investi gation the first I. O. added the charges under Sections 308 and 452, I. PC. but thereafter the investigation was transferred to another I. O. and he deleted the charges under Sections 308 and 452, I. PC. and submitted a charge-sheet under Sections 336, 325, 323, 427 and 506, I. PC. only. However, the learned Magis trate on that charge-sheet took cognizance under Sections 452, 336, 308, 323, 506 and 427, I. PC. vide his order dated 17. 1. 2007. The above order was chal lenged by the accused revisionist by filing Criminal Misc. Application No. 8689 of 2007, Shaheedandothersv. State of U. P and another, under Section 482, Cr. P. C. That application was decided by this Court vide order dated 19. 4. 2007 in which the above order of the Magistrate was maintained and the prayer for its quashing was refused. However, the Court permitted the accused applicants to raise this objection regarding charge at the time of framing the charges. The relevant por tion of the above order is as under: "however, it shall be open to the applicants to raise objection at the time of framing of the charge if they move an application claiming discharge. In case, such an application is moved the same shall be heard and disposed of in accordance with the provisions of law. " The case was committed to the Court of Sessions. Then it was transferred to the Court of Addl. Sessions Judge Court No. 1 Bhadohi, Gyanpur for trial. The accused revisionists moved an application for discharge in that Court on 7. 6. 2007. That application was rejected by the Addl. Sessions Judge vide order dated 20. 11. 2007. Aggrieved with that order the accused have filed this revision.;