JUDGMENT :

1. Heard Sri Akash Dikshit, learned counsel for the petitioner, Sri Aniruddh Kumar Singh, learned AGA-I for the State and Sri Ajmal Khan, learned counsel for opposite party no.2.

2. By means of this petition filed under Section 482 Cr.P.C., the petitioner has prayed for quashing the impugned order dated 24.12.2019 (Annexure No.1) passed by the learned Civil Judge (S.D.)/ A.C.J.M., Ambedkar Nagar rejecting the discharge application moved in Complaint Case No.5661 of 2018, under Section 420 IPC, Police Station Ahirauli, District Ambedkar Nagar and the order dated 25.10.2021 passed by the revisional court i.e. Sessions Judge, Ambedkar Nagar dismissing the revision of the petitioner.

3. On the request of learned counsel for the parties, the present matter is being decided finally at the admission stage.

4. While assailing the impugned order dated 24.12.2019 passed by the Civil Judge (S.D.)/ A.C.J.M., Ambedkar Nagar, learned counsel for the petitioner has submitted that the learned court below has rejected the application for discharge of the petitioner on the point that since the evidence under Section 244 Cr.P.C. is yet to come and the accused/ petitioner has not appeared and o