JUDGMENT

Navin Chawla, J. (Oral)

1. This petition has been filed challenging the order dated 23.11.2017 passed by the learned Additional District and Sessions Judge-02, South-East District, Saket Courts, New Delhi in Criminal Revision No. 329/2017, titled Haji Ashraf v. The State (NCT of Delhi), partially setting aside the order dated 13.04.2017 passed by the learned Metropolitan Magistrate-08, South-East District, Saket Courts, New Delhi in FIR No. 133/2014 registered with Police Station: Amar Colony, South- East District, New Delhi, and directing the learned Metropolitan Magistrate to frame charges against the petitioner herein for offences under Sections 448/380/323/341 read with Section 34 of the Indian Penal Code, 1860 (in short, `IPC'), while discharging him of the offence under Section 394 of the IPC.

2. The learned counsel for the petitioner submits that it is the case of the prosecution that on the intervening night of 17/18.02.20214 at about 10.25 PM, the petitioner along with the co-accused came to shop no. 24, Okhla Subzi Mandi, New Delhi belonging to the complainant, beat her son, who was sleeping on the first floor room above the shop and threw him out of the shop. It i