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SYED AFTAB HUSAIN RIZVI
Chandrabhan – Appellant
Versus
State of U. P. – Respondent
JUDGMENT :
1. Heard learned counsel for the revisionists and learned AGA for the State.
2. This criminal revision has been filed against the order dated 21.02.2023 passed by Additional Sessions Judge-I, Lalitput in S.T. No.481 of 2022 crime no.189 of 2020 U/s 308/34, 325/34, 323/34, 504 & 506 IPC P.S. Mehrauni, District Lalitpur. By the impugned order, the learned court below has rejected the discharge application filed U/s 227 Cr.P.C. by the revisionist accused.
3. Learned counsel for the revisionist contended that FIR of this case was lodged U/s 325, 323 & 504 IPC only. The injury report of the injured reveals that there is no serious injury which may come in the purview of Section 308 ICP. The injury of Anshul is lacerated wound of size 3 cm skin deep. So from this injury, no offence U/s 308 IPC is made out. Only one injured has suffered a fracture. All the injuries of remaining injured are simple in nature. So at the most, offence U/s 323, 325 & 504 IPC is made out. The Investigating Officer in improper manner has added section 308 & 506 IPC in the charge-sheet. The revisionist have filed an application 5 kha for discharge. It is also contended that persons of revisionist's side h
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