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2023 Supreme(All) 215

JYOTSNA SHARMA
Yogendra – Appellant
Versus
State of U. P. – Respondent


Advocates Appeared:
For the Revisionist : Sanjeev Kumar Rai.
For the Opposite Party : G.A., Devi Prasad Singh.

JUDGMENT :

1. None responds for the revisionists. Learned A.G.A. for the State is present.

2. This criminal revision has been filed against the order dated 06.09.2022 by which the application moved under Section 227 Cr.P.C. for discharging the accused persons for offence under Section 308 I.P.C. was dismissed and case was posted for framing of charge.

3. The material facts are as below:-

The F.I.R. against the applicants and two more has been filed under Section 323 and 324 I.P.C. with the allegations that the accused persons were raising construction to encroach upon the land of Gram Samaj. The first informant and his brother protested. Irked over such interference accused persons physically assaulted the first informant Sanjay Tiwari and his brother causing them injuries. After investigation chargesheet has been filed under Sections 308, 323, 504 and 506 I.P.C.

4. Perusal of the revision memo shows that the revisionists are aggrieved by order for framing charge under Section 308 I.P.C. in addition and rejection of discharge application. The only ground taken by the revisionist is that injuries sustained by the injured persons were not fatal in nature. There was not a single fracture o

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