The main legal point established in the judgment is the proper procedure for handling discharge applications in cases triable by the court of session, as per the provisions of the Criminal Procedure Code and established legal principles.

JUDGMENT :

1. Heard learned counsel for the revisionists and learned AGA for the State. None appeared on behalf of respondent no. 2 to contest this criminal revision today.

2. Counter affidavit has already been filed by respondent no. 2 in this case. Learned counsel for the revisionists has submitted that he is not inclined to file rejoinder affidavit and prayed for hearing the matter on merits.

3. The present criminal revision is filed against the order dated 4.11.2022 passed by learned C.J.M., Jalaun at Orai in Misc. Case no. 327 of 2019 (State vs. Irshad Khan and others) arising out of Case Crime no. 162 of 2018 under Sections 147, 148, 149, 307, 336, 332, 353, 420, 447, 504, 506 IPC and Section 7 of Criminal Law Amendment Act, P.S. Kotwali Kalpi, District Jalaun. By the impugned order, learned C.J.M. has dismissed the discharge application 24 kha moved by the accused persons and issued bailable warrant against absentee accused Nausad.

4. The brief facts of the case is that the informant lodged an FIR on the basis of written report on 18.7.2018 stating that he is Lekhpal of Kasba Kalpi and plot no. 38/4 area 0.170 and plot no. 38/6 area 0.210 hectare, total area 0.380 hectare come under his area (Halka) and are recorded in the column of Banjar in the revenue record, out of which, some portion has been encroached by Irshad Khan and others without any authority regarding which a report has been given to SDM Kalpi on 18.7.2018; Upziladhikari and other officials of the department accompanied by SHO concerned visited the spot with police force and tried to remove the illegal encroachment by JCB Machine. In the meanwhile at 12:00 hours said Irsad and others, who had encroached a portion of land, engaged in abusing and marpeet with the official team and engaged in brick bating in which some persons received injuries. Inasmuch as Irshad exhorted his wife to tear her clothes so that he could implicate the persons, who had come to remove the encroachment in false case of molestation. The accused persons Irshad and four persons filed an application under Section 482 No. 4289 of 2021 before this Court with prayer to quash the charge-sheet filed by the IO in aforesaid sections which was disposed of by this Court vide order dated 23.3.2021 with observation that Court did not find any grounds to quash the charge-sheet and cognizance taking order passed by the learned Magistrate, therefore, prayer for quashing the same is refused. However, if the applicants appear and move an application under Section 239 Cr.P.C. for discharge through counsel before the court below within two weeks from the date of receipt of certified copy of the order then the application for discharge shall be considered and decided within a period of three months from the date of filing of application in accordance with law. No coercive action shall be taken against the applicants till disposal of said application or for a period of four months from the date of receipt of the order or whichever is earlier; applicants were permitted to file discharge application through counsel.

5. In compliance of the order of this Court, accused persons filed discharge application before the court of first instance, which was dismissed by the impugned order passed by learned C.J.M. with observation that on the basis of evidence collected by the I.O. during investigation, charges under Sections 147, 148, 149, 307, 336, 332, 353, 420, 447, 504, 506 IPC and Section 7 of Criminal Law Amendment Act are made out against the applicants accused for which charge-sheet has been filed and cognizance has already been taken by the court in said criminal case on the basis of charge-sheet. As the matter is triable by the court of session, this court did not have jurisdiction to hear the discharge application, therefore, the said discharge application 24kha is dismissed, case was fixed for committal / appearance of the accused persons.

6. The accused persons have filed present revision feeling aggrieved by