JUDGEMENT
SIDDHARTH, J. -
(1.)Heard Sri Deepak Singh, Advocate holding brief of Sri Sumit Goyal, learned counsel for the petitioner and learned AGA for the State and perused the record. None has appeared on behalf of opposite party nos. 2.
(2.)This petition under Article 227 of Constitution of India has been preferred against the order dtd. 9/12/2005, passed by C.J.M., Saharanpur in criminal case no. 5664/2005 (State vs Ishwar and Others), under Sec. 147, 323, 324, 325, 308, 504 and 506 IPC, P.S. Gangoh, District Saharanpur, as well as against the order dtd. 24/12/2005, passed by the Court of Sessions Judge, Saharanpur in Misc. case no.284 of 2005 (Ishwar vs. State), pertaining to above stated case.
(3.)Perusal of record shows that the respondent no.2 has lodged first information report under Sec. 147, 323, 324, 504 and 506 IPC against petitioner and co-accused and that during investigation sec. 308 I.P.C. was also added. After investigation, police have submitted charge-sheet for the offences under Sec. 147, 323, 324, 325, 308, 504, 506 IPC in the court of C.J.M., Saharanpur and accordingly cognizance was taken. The accused persons moved an application alleging no case under Sec. 308 I.P.C. is made out, hence cognizance under sec. 308 I.P.C. be withdrawn. Said application was rejected vide impugned order dtd. 9/12/2005 passed by the C.J.M. Saharanpur. Against the order dtd. 9/12/2005, the accused persons have preferred a criminal revision, which was decided by the Sessions Judge, Saharanpur vide dtd. 24/12/2005 and the revision was dismissed.