HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL REVISION No. - 3773 of 2024 Court No. - 45 HON'BLE PADAM NARAIN MISHRA, J. 1. Heard Shri Ratnesh Kumar Tiwari, learned counsel for the revisionists and learned A.G.A. for the State. 2. No one has appeared on behalf of opposite party no. 2 despite service of notice. 3. The present criminal revision has been preferred against the judgment and order dated 06.06.2024 passed by the learned Chief Judicial Magistrate, Moradabad in Case No. 37300 of 2022 (State Vs. Prashant Kumar and another), arises out of Case Crime No. 1079 of 2021, under Sections 323, 504 and 354 I.P.C., Police Station Majhola, District Moradabad, whereby the discharge application dated 29.05.2023 preferred by the revisionists has been rejected. 4. Learned counsel for the revisionists submits that the allegations levelled against the revisionists are false and concocted and that the material collected during investigation does not disclose the commission of the alleged offences. It is further submitted that the learned Magistrate has failed to appreciate the material available on record in its correct perspective and has mechanically rejected the discharge application. 5. Per Contra, Learned A.G.A. has opposed the prayer and submitted that the learned Magistrate has rightly rejected the discharge application after considering the material available on record and that a prima facie case is made out against the revisionists. It is submitted Versus Counsel for Revisionist(s) : Ratnesh Kumar Tiwari Counsel for Opposite Party(s) : G.A. Prashant Kumar Alish Deepu And Another .....Revisionist(s) State of U.P. and Another .....Opposite Party(s) that the pleas sought to be raised by the revisionists are essentially matters of defence, which cannot be adjudicated at the stage of discharge. 6. I have considered the submissions advanced by learned counsel for the parties and have perused the material available on record. 7. At the stage of consideration of discharge application, the Court is only required to examine the material collected during investigation with a view to ascertain whether the same discloses sufficient ground for proceeding against the accused. At this stage, the Court is not required to undertake a meticulous appreciation of evidence or conduct a mini trial. 8. In the present case, the learned Magistrate, after considering the material available on record, has found sufficient ground to proceed against the revisionists and has accordingly rejected the discharge application. The submissions advanced on behalf of the revisionists essentially relate to the credibility of the prosecution version, appreciation of the statements of the witnesses and the evidentiary value of the material collected during investigation. 9. Such pleas are matters of defence and cannot appropriately be adjudicated upon at the stage of discharge. The truthfulness of the allegations and the evidentiary value of the material relied upon by the prosecution can be properly examined only after the parties have led their evidence before the learned trial court. At this stage, the Court is not expected to weigh the evidence as it would do after conclusion of the trial. 10. Having regard to the material available on record, this Court finds that the learned Magistrate has committed no illegality or jurisdictional error in rejecting the discharge application. The impugned order does not suffer from any perversity or manifest error of law warranting interference in exercise of revisional jurisdiction. 11. Accordingly, the present criminal revision lacks merit and is, accordingly, rejected. 12. The judgment and order dated 06.06.2024 passed by the learned Chief Judicial Magistrate, Moradabad in Case No. 37300 of 2022, is CRLR No. 3773 of 2024 2 hereby affirmed. 13. It is clarified that the observations made herein above are confined only to the adjudication of the present revision and shall not prejudice the case of either party before the learned trial court. September 8, 2026 Rama Kant CRLR No. 3773 of 2024 3 (Padam Narain Mishra,J.) Digitally signed by :- RAMA KANT High Court of Judicature at Allahabad