Hon’ble Het Singh Yadav, J.—This criminal revision is directed against the order dated 9.10.2013 passed by the Judicial Magistrate, Nawabganj, Bareilly on the application of the revisionists/accused purported to have been moved under Section 245(2) of the Code of Criminal Procedure (in short the Code) for discharging them.

Heard learned counsel for the revisionists and perused the record.

The short question that falls for determination in this revision is-whether the application of the accused moved under Section 245(2) of the Code to discharge them as the charge against them is groundless, can be dismissed on the ground that the summoning order challenged by the revisionists/accused has been dismissed by the revisional Court.

2. The question arises in the following backdrop :

The complainant/respondent No. 2 moved the application under Section 156 (3) of the Code before the learned Judicial Magistrate, was treated as complaint case. The Magistrate upon examining the complainant and her witnesses under Sections 200 and 202 of the Code and further being satisfied with an inquiry conducted in terms of Section 202 of the Code, issued process against the revisionists for the of