HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL REVISION No. - 2202 of 2024 Court No. - 90 HON'BLE HARVIR SINGH, J. 1. Heard learned counsel for the revisionist, learned A.G.A for the State, and perused the material on record. 2. The present revision has been filed against the order dated 11.03.2024 passed by learned Additional District & Sessions Judge, Banda, in Sessions Trial No. 224 of 2023, arising out of Case Crime No. 74 of 2024, under Sections 452, 398, 323, 504, 506 of IPC, Police Station Kotwali Nagar, District Banda, by which the discharge application of the revisionist has been dismissed. 3. Learned counsel for the revisionist has submitted that, no case whatsoever under Section 308 IPC is made out in respect of the revisionist and, therefore, if the charge is framed in respect of Section 308 IPC, the same would be per se illegal. Learned counsel for the revisionist has further submitted that, once the evidence of few witnesses is complete, then only the nature of charge can be ascertained and the charge can be altered at any stage of trial. No other ground has been raised by the learned counsel for the revisionist in the present revision and prayed that the order dated 11.03.2024 is liable to be set aside. 4. Per contra, learned A.G.A appearing for the State has submitted that, so far as, the instant revision is concerned, the same has been filed by the revisionist, as there are other accused persons as well, and therefore, the question of chargre has to be considered and decided in respect of all the accused persons and cannot be decided by way of skeleton process, being adopted by the revisionist herein. Learned A.G.A. has further submitted that, if the nature and gravity of injuries is concerned, the same can be examined during the course of trial and after conclusion of trial, the learned trial court is of the opinion that nature and gravity of injuries is such that, no case under Versus Counsel for Revisionist(s) : Anil Kumar, Prateek Srivastava Counsel for Opposite Party(s) : G.A. Aditya Kumar Singh .....Revisionist(s) State of U.P. and Another .....Opposite Party(s) Section 308 IPC be made out, in that event, the accused persons would be liable to be acquitted in respect of Section 308 IPC. Learned A.G.A. has lastly submitted that, the revisionist will have an ample opportunity during the course of trial to adduce evidence in their favour and also cross examine the witnesses and also submits that only prima facie case is to be seen, at the time of framing of charge. 5. Having considered the rival contentions, it can be seen that, there is an injury report in respect of the injured persons and the gravity of the injuries cannot be ascertained at this stage, but the same is open to the revisionist to take the matter during the course of trial, at the stage of framing of charge only prima facie case is to be seen by the court concerned. Hence, no infirmity is found in the present order dated 11.03.2024, passed by learned Additional District & Sessions Judge, Banda. 6. The present revisions is devoid of merit and is dismissed. October 10, 2025 Vikram CRLR No. 2202 of 2024 2 (Harvir Singh,J.) Digitally signed by :- VIKRAM SINGH High Court of Judicature at Allahabad