Het Singh Yadav, J. –

This criminal revision is directed against the order dated 19.6.2014 passed by the learned Sessions Judge, Sant Kabir Nagar in Sessions Trial No. 23 of 2012, State Vs. Srinarayan Rai @ Piladi Rai and others, under Sections 147, 148, 149, 452, 323, 308, 504, 506, 427 I.P.C. by which the application moved by the accused persons purported to be under Section 228 (1) (a) of the Code of Criminal Procedure (in short 'the Code') has been rejected.

2. Filtering out unnecessary details, the facts leading to filing of this criminal revision are that the opposite party no. 2 lodged F.I.R. against the revisionists alleging that they have beaten to pulp Vakil Rai (the injured) with sticks and other blunt objects because of previous hostility due to election rivalry. He sustained multiple severe injuries. The injury no. 1 was on his head and grievous in nature. The investigating officer having concluded investigation submitted charge-sheet against the accused persons named in the F.I.R. (revisionists herein) under the aforementioned sections. Since the offence under Section 308 I.P.C. is triable exclusively by a court of Session and therefore, the learned Magistrate