Ravi Nath Verma,J. - (1.) Challenge in this revision application is to the order dated 15.07.2015 passed by learned Judicial Magistrate, 1st Class, Pakur in G.R. No. 547 of 2010 arising out of Maheshpur P.S. Case No. 75 of 2010 whereby and where under the petition filed by the petitioners for their discharge under Section 239 of the Code of Criminal Procedure (in short 'the Code'), has been rejected.
(2.) The Fardbeyan of the informant-Ramesh Pal was recorded by the A.S.I. of Maheshpur Police Station at Rampurhat S.D. Hospital on the allegation that the informant was in-charge of the labourers working under NAREGA scheme and when on 03.09.2010 he visited the site for supervision of the construction work and enquired about the progress from one Meghnath Pal, the said Meghnath Pal infuriated with the query and assaulted the informant with knife due to which the informant sustained injury below his chest, where after he raised alarm to save him but other accused persons also assaulted him with Lathi, Danda and fist.
(3.) After completion of investigation, the police submitted the charge-sheet against the petitioners, where after the court concerned took cognisance of the offence. After appearance, the petitioners filed a petition for their discharge under Section 239 of the Code on the ground that the injury report enclosed in the case diary completely demolishes the allegation of the informant and in fact, the said injury report was issued on 03.08.2010, though the alleged occurrence took place on 03.09.2010 and the instant case was instituted on the basis of the old injury report dated 03.08.2010. The court below after considering the evidence available on record and the injury report, rejected the prayer for discharge. Hence, this revision.;