RAJ PAL Vs. STATE OF U.P.

JUDGEMENT

(1.) The revisionists, by means of this revision have challenged the legality and correctness of the impugned order dated 20.09.2010 passed by Judicial Magistrate- IIIrd, Saharanpur in Complaint Case No. 2073 of 2010 (Rajesh Kumar Vs. Raj Pal and others) whereby the discharge application moved by the revisionists under Sec. 245(2) Crimial P.C. has been rejected.

(2.) Heard learned counsel for the revisionists and learned A.G.A. for the State. Perused the records.

(3.) Learned counsel for the revisionists has contended that the dispute between the parties is entirely of civil nature regarding which a civil suit is pending before the civil court. However, the respondent no. 2 in order to give the dispute a colour of criminal offence, moved an application under Sec. 156(3) Crimial P.C. which was treated by learned Magistrate as a complaint and who after recording the statements of the witnesses under Sections 200 and 202 Crimial P.C., summoned the revisionists under Sections 420, 406, 504 and 506 I.P.C. Learned counsel for the revisionists has further submitted that aggrieved by the summoning order the revisionists approached this Court and challenged the summoning order by way of Crl. Misc. Application U/s 482 Crimial P.C. No. 29437 of 2008, in which this Court permitted the revisionists to move a discharge application under Sec. 245(2) Crimial P.C. through their counsel, copy of the order dated 17.11.2008 passed by this Court in the aforesaid application is annexure - 7 to the affidavit. It is further submitted by learned counsel for the revisionists that in pursuance of the aforesaid order, a discharge application dated 1.6.2009 was moved by the revisionists but the learned Magistrate without application of its judicial mind and without considering the fact that the matter is of civil nature, rejected the discharge application moved by the revisionists by the impugned order dated 20.9.2010 which is liable to be set aside. In support of his contention the learned counsel for the revisionists has placed reliance on the law laid down by Honourable Apex Court in the case of Mohd. Ibrahim and others Vs. State of Bihar and another; 2010 (1) JIC 133 (SC).