Neutral Citation No. - 2025:AHC:28779 Court No. - 79 Case :- MATTERS UNDER ARTICLE 227 No. - 13022 of 2024 Petitioner :- Tauheed And Another Respondent :- State of U.P. and Another Counsel for Petitioner :- Ravi Shanker Tiwari Counsel for Respondent :- G.A. Hon'ble Saurabh Srivastava,J. 1. Heard Shri Ravi Shanker Tiwari, learned counsel for the petitioners and the learned AGA for the State. 2. The instant petition under Article 227 of the Constitution of India has been preferred to set aside the order dated 15.12.2023 passed by learned Chief Judicial Magistrate, Court No.14, Shahjahanpur in Case Crime No.184 of 2022, under Sections 323, 500, 292, 504, 506, 354 IPC, Police Station Kotwali District Shahjahanpur as well as order dated 17.9.2024 passed by learned Addl. Sessions Judge, Court No.43, Shahjahanpur in Criminal Revision No.12 of 2024 (Javed & ors vs. State of U.P. and another). 3. Learned counsel for the petitioners submitted that a First Information Report has been registered at the behest of respondent no.2 against petitioners and two other co-accused persons on 28.4.2022 bearing case crime no. 0419 of 2024. Through the F.I.R, it has been alleged that on 24.4.2022 petitioners pasted certain posters in front of the house of respondent no.2 and in the said posters certain false allegations were levelled against respondent no.2, her daughter and her brothers only for the purpose to defame them. Rest of the story would be evident from the narration of the F.I.R appended as Annexure no.1 to the instant petition. 4. During the course of investigation, statements under Section 161 and 164 were recorded and after conclusion of investigation charge sheet was preferred against the petitioner no.1 under Sections 323, 500, 292, 504, 506 IPC and petitioner no.2, under Sections 323, 500, 292, 504, 506, 354 IPC. 5. Being aggrieved with the charge sheet, petitioners filed Crl. Misc. Application under Section 482 Cr.P.C No.37684 of 2023 wherein coordinate Bench of this court vide order 11.10.2023 directed the petitioners to file discharge application before the court concerned. In pursuance of the same petitioners filed discharge application before learned court concerned on 11.8.2023 but vide order daed 15.12.2023, learned court of Chief Judicial Magistrate, Court No.14, Shahjahanpur rejected the discharge application. Against the order dated 15.12.2023, petitioners preferred Criminal revision before learned court concerned but the same has also been rejected vide order dated 17.9.2024 passed by learned Additional Sessions Judge, Court No.43, Shahjahanpur which have been challenged through the instant petition. 6. While challenging the orders impugned, learned counsel for the petitioners submitted that respondent no.2 is cousin sister of petitioners and due to some earlier family dispute pertaining between them, the present F.I.R, has been lodged. It is next submitted that there is a delay in lodging the F.I.R. From perusal of narration of the F.I.R, statements under Sections 161 and 164 Cr.P.C, recorded by complainant, it appears that there is some contradiction in the same since the allegation regarding offence committed under Section 354 I.P.C was nowhere available in the F.I.R and the statement under Section 161 Cr.P.C, but the same was added in statement under Section 164 Cr.P.C. 7. Per contra learned AGA vehemently opposed the prayer sought through instant petition but could not dispute the contentions raised by learned counsel for petitioners. 8. After hearing rival submissions extended by learned counsel for the parties and perusing the records it is crystal clear that there is contradiction in the statement recorded by complainant under Section 161 and 164 Cr.P.C and the same has not been considered by learned Magistrate while passing the order dated 15.12.2023, which has been upheld vide order dated 17.9.2024 passed by learned revisional court. 9. In view of the aforementioned discussions, impugned order dated 17.09.2024 passed by learned Addl. Sessions Judge, Court No.43, Shahjahanpur in Criminal Revision No.12 of 2024 (Javed & ors vs. State of U.P. and another) is hereby set aside. Matter is remitted back to learned revisional court for deciding the matter afresh. 10. The instant petition stands allowed accordingly. Order Date :- 28.2.2025 Rakesh Digitally signed by :- RAKESH SINGH High Court of Judicature at Allahabad