Having regard to the similitude in the controversy involved in all
these petitions heard analogously learned counsels for the parties assailing
impugned order dated 23/08/2023 in Sessions Trial No.535of 2021 (Police
Station Kanadiya Vs. Ashok Jain) and this common order will govern all these
petitions.
2. By impugned order the application of Accused Ashok Jain
(Revisionist in CRR 444 of 2024) has been partially allowed, discharging him
qua section 465, 467, 468, 471, 201, 406 of IPC, but declined to discharge for
offence under Section 420 IPC, which is triable by Magistrate, and hence
transferred the case to the Magistrate Court. State and the Complainant-Rajeev
NEUTRAL CITATION NO. 2025:MPHC-IND:13744
3 CRR-444-2024; 5422-2023 & 925-2024
Agnihotri have filed CRR 925 of 2024 and CRR no 5422 of 2023 respectively,
against discharge, and the Accused-Ashok Jain has filed CRR 444 of 2024
against declining discharge for offence under Section 420 IPC. (For the sake of
brevity, parties have been referred hereinafter as Complainant, Accused and
State/ Prosecution.) All three parties (Accused, Complainant and the State) have
filed the respective revision petitions.