JUDGMENT :

(Ram Manohar Narayan Mishra, J.)

1. Pleading have already been exchanged between the parties.

2. The instant criminal revision has been preferred by the accusedrevisionist against the order dated 05.08.2017 passed by learned Additional Chief Judicial Magistrate-III, Jaunpur, in Criminal Case No. 5690 of 2017 (Jagnarayan Vs. Sher Bahadur) under Sections 379, 427 I.P.C., P.S.- Barsati, District- Jaunpur, whereby discharge application under Section 245(2) Cr.P.C. moved by the accused-revisionist has been dismissed.

3. Heard the submissions of Sri Lok Nath Shukla, learned counsel for the revisionist, Sri Deepak Kapoor, learned A.G.A. for the State, Sri Prem Chandra, learned counsel for opposite party No. 2 and perused the record.

4. The brief facts relevant for present revision are that the complainant filed present complaint against the revisionist and four other accused persons on 02.09.2005 with averment that on 17.05.2005, he was going towards her village in the evening from District Court, Jaunpur, after disembarking from a train, when he reached near border of his village around 07:00 P.M., he heard some noise from his bamboo cluster situated at Plot No.234/ 1.30. He reach