JUDGMENT :

RAM MANOHAR NARAYAN MISHRA, J.

1. Counter affidavit has been filed and the same is taken on record.

2. Heard learned counsel for the revisionists, learned counsel for the opposite party no. 2 and learned A.G.A. for the State are present.

3. Instant criminal revision has been preferred against judgment and order dated 3.1.2023 passed by learned Judicial Magistrate-Ist, Hapur in Crl. Case No. 670 of 2022 (State vs. Karan Singh and Others), arising out of Case Crime No. 29 of 2022, under Sections 420, 406 IPC, P.S. Babugarh, District Hapur, whereby discharge application moved by the revisionist accused has been dismissed.

4. Factual matrix of the case are that opposite party no. 2 lodged an F.I.R. with P.S. concerned on 20.1.2022 against revisionists with averment that informant is a senior citizen and physically disabled person. He is Bhumidhar of Khasra No. 955, Area 0.2530 hectare agricultural land which he had purchased for earning livelihood for his family. His co-villager Karan Singh S/o Chhidda Singh asked him to be a witness in a gift deed which was to be executed by him in favour of his daughter-in-law Monika Tyagi and the informant conceded to be a witness of proposed