This revision application has been filed by the sole petitioner Om Prakash Tiwary under Sections 397 and 401 of the Code of Criminal Procedure (hereinafter referred to as Code) against the order dated 07.07.2012 passed in C.P. Case No.785 of 2010 whereby and whereunder a petition filed by the petitioner under Section 245 of the Code has been rejected.

2. Heard the learned counsel appearing for the petitioner and the learned counsel appearing for the opposite party no.2 as well as learned A.P.P. for the State.

3. The allegation, as it appears from the complaint petition, filed by the opposite party no.2Prafulla Pandey the complainant is that on 11.09.2010 the petitioner boarded in his bus when its journey started from Jamshedpur to Dhanbad but even after demand he refused to pay the fare. Thereafter, there was exchange of hot words and near I.T.I. More when the bus stopped, two unknown persons boarded the bus and this petitioner alongwith those two persons assaulted the complainant with fists and slaps and took out Rs.5,700/from the pocket of the complainant and snatched one chain which he was wearing in his neck.

4. It appears from the impugned order that before framing of cha