2017 (2) TMI 1417

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....d Ara Moonis,J. Heard learned counsel for the applicant and learned AGA for the State. The present revision has been preferred against the order dated 29.11.2016, whereby, the discharge application has been moved by the applicant in Case No. 483 of 2013, under Sections 504 and 506 I.P.C., Police Station- Kosikala, District- Mathura, was rejected by Addl. Chief Judicial Magistrate, Court No. ....

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....st vide order dated 07.02.2014. The applicant aggrieved by the said order had challenged the summoning order by filing further 482 petition no. 28504 of 2014 which was disposed of by order dated 30.07.2014, further directed the applicant to move a discharge application to be considered by the court below at the appropriate stage in accordance with law and till disposal of the application, no coerc....

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....of the summoning order. Per contra the learned A.G.A. has contended that revisionist has summoned in the present case on 07.02.2014. The discharge application has rightly been replied by the Court below which do not suffer from any proceedings. Having considered the facts and circumstances of this case, this Court is not inclined to interfere with the impugned order passed by the courts belo....

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.... 2009 (65) ACC 399, Palvinder Singh Vs. Balvinder Singh following the decision in State of Orissa Vs. Debendra Nath Padhi, 2005 (51) ACC 209 (SC), wherein it has been held that the Court cannot enter into realm of appreciation of evidence at the stage of framing of the charge itself. The jurisdiction of the trial court while exercising power under Section 245 Cr.P.C. is to look into the allegation....