Neutral Citation No. - 2025:AHC:86806 Court No. - 82 Case :- CRIMINAL REVISION DEFECTIVE No. - 39 of 2025 Revisionist :- Usman Khan And 2 Others Opposite Party :- State of U.P. and Another Counsel for Revisionist :- Rakesh Kumar Mishra Counsel for Opposite Party :- G.A. Hon'ble Manjive Shukla,J. Order on Crl. Misc. Delay Condonation Application No. 01 of 2025 1. This criminal revision is reported to be beyond time by 69 days. 2. The revisionists has filed this application for condonation of delay in filing this criminal revision. 3. Learned Additional Government Advocate for the State does not have any objection if the application for condonation of delay is allowed. 4. I have perused the contents of the affidavit filed along with the application for condonation of delay in filing this criminal revision. 5. I find that the delay in filing this criminal revision has been sufficiently explained. 6. Accordingly, the application for condonation of delay is hereby allowed and the delay in filing the criminal revision is condoned. 7. The office is directed to allot a regular number to this criminal revision. Order on Memo of Revision. 8. Heard Sri Rakesh Kumar Mishra, learned counsel appearing for the revisionists and learned Additional Government Advocate appearing for the State. 9. The instant criminal revision has been filed challenging therein, the order dated 31.07.2024 passed by the learned Additional Sessions Judge (Court No. 2), Rampur in Sessions Trial No. 134 of 2024 (State Vs. Usman Khan and Others) whereby, the application filed by the revisionists, under Section 227 for their discharge from the offences punishable under Sections 323, 436 & 506 I.P.C., had been rejected. 10. It has been contended on behalf of the revisionists that the allegation, as per the prosecution story, is that the revisionists have put a hut, situated in an agricultural field, on fire therefore, by no stretch of imagination, the offence under Section 436 I.P.C. can be made out as for that offence, it is necessary that the incident of fire must take place in a dwelling house. 11. Learned counsel appearing for the revisionist has argued that no offence against the revisionists is made out under Section 436 I.P.C. 12. On a specific query raised by the Court, learned counsel appearing for the revisionists has submitted that he is praying for discharge of the revisionists only from the offence under one particular section i.e. Section 436 I.P.C. 13. Before proceeding in the matter, it is necessary to record that the learned counsel appearing for the revisionists has raised only one argument that the offence punishable under Section 436 I.P.C. is not made out against the revisionists and except that argument, no other argument has been advanced. 14. I have considered the arguments advanced by the learned counsel appearing for the revisionists and have perused the documents annexed with this criminal revision. 15. I find that the revisionists are claiming discharge from the offence punishable under one particular section. Once the charge- sheet in the matter had been filed in respect of the offences punishable under different sections, even if the revisionists are discharged from one particular section, the offence punishable under other sections would continue to remain in existence. Thus, the revisionists cannot be given complete discharge from all the offences in question. 16. It is also noteworthy that the issues whether the charge against the accused under one particular section is made out or not, that can be seen at the time of framing of charge. 17. In view of the aforesaid reasons, particularly that the revisionists are claiming their discharge from the offence punishable under Section 436 I.P.C., this Court is of the view that the revisionists can raise the said issue at the time of framing of charges before the trial court. 18. Accordingly, I do not find any illegality or infirmity in the order dated 31.07.2024. 19. This Criminal Revision lacks merit and is hereby dismissed. Order Date :- 22.5.2025 A. Mandhani Digitally signed by :- ABHISHEK MANDHANI High Court of Judicature at Allahabad