The order of discharge is being challenged in this revision.

2. The petitioner and others were attacked by the respondents. Therefore, the petitioner filed a complaint to the police. On behalf of the respondents, a counter complaint was also given. The police instead of filing charge sheet in respect of one case, filed a charge sheet under section 160, I.P.C. against both parties. It is stated that this case ended in acquittal.

3. In the mean time, the petitioner on receipt of a referred notice sent by the police, filed a private complaint against the respondents in respect of the said incident for the offences under sections 147, 341, 323, 326 and 506(ii), I.P.C. This was taken on file by the learned Judicial Magistrate and summons were served on the respondents. The witnesses on behalf of the petitioner/complainant were produced and examined. On behalf of the respondents, they were cross-examined. Before framing charges against the respondents, the respondents filed an application for discharge.

4. The learned Judicial Magistrate after hearing both the parties allowed the application discharging the respondents on three grounds.

(1) In respect of the same transaction, the