JUDGMENT :

Rajesh Bindal, J.

1. The order dated 17.07.2013 passed by the High Court of Judicature at Bombay in Revision Application No. 135 of 2012 has been challenged by the appellant. By the aforesaid order, the High Court has set aside the order dated 21.02.2012 passed by the court below vide which application filed by the Respondent nos.1 and 2 for discharge, was dismissed.

2. The dispute arises out of an FIR No. 46 of 2006 registered at Lonawala City Police Station on 14.05.2006 for murder of Manmohan Singh Sukhdev Singh Virdi, a resident of Virdi’s Bungalow, Thombarewadi, Lonawala. His body was found lying in a pool of blood in his bedroom.

3. Learned counsel appearing for the Appellant submitted that a bare perusal of the impugned order passed by the High Court shows that a mini trial has been conducted merely by referring to some of the statements recorded by the police during investigation, which were forming part of the chargesheet. This was beyond the scope of jurisdiction of the Court at the time of consideration of application for discharge. The Court had failed to consider the fact that there was Psychological Evaluation including Psychological Evaluation including Psycho