Court No. - 81 Case :- CRIMINAL REVISION No. - 3322 of 2024 Revisionist :- Vikas Tiwari And Another Opposite Party :- State of U.P. and Another Counsel for Revisionist :- Rajeev Kumar Singh,Saurabh Shahi Counsel for Opposite Party :- Ajatshatru Singh,G.A. Hon'ble Subhash Chandra Sharma,J. 1. Learned counsel for the parties are present. 2. The present criminal revision has been filed against the judgment and order dated 1.6.2024 passed by learned Chief Judicial Magistrate, Hamirpur in Criminal Case No. 2285 of 2016 (State Vs. Vikas Tiwari and others) arising out of Case Crime No. 1130 of 2015, under Sections 419, 420, 467, 468, 471, 472, 465 IPC, Police Station - Kurara, District - Hamirpur where by the chrarge sheet has been framed against the revisionists for offence under Sections 419, 420, 467, 468, 471, 472, 465 IPC, 3. It is submitted by learned counsel for the revisionist that in this case a discharge application under Section 239 Cr.P.C. was filed before the learned trial court on 23.5.2017 that is still pending and has not been disposed of finally till now. 4. It is further submitted that on 1.6.2024, learned Court concerned without deciding the discharge application, framed the charges against the revisionist which cannot be said to be legal, therefore, request to allow the revision and to direct the court concerned to decide the discharge application first then to proceed further.; 5. Learned counsel for the opposite parties as well as learned AGA opposed the prayer but could not dispute the fact that an application for discharge is still pending and no order has already been passed by the learned court on discharge application, but without deciding the application first, charge has been framed on 1.6.2024. 6. On considering the submissions made by learned counsel for the parties, learned AGA for the State and perusal of record, the application dated 23.5.2017 for discharge under Section 239 Cr.P.C and the charge framed by learned Magistrate on 1.6.2024, it appears that discharge application is still pending before the learned Court and it has not been disposed of and without deciding the same charge has been framed on 1.6.2024 which cannot be said to be legal and appropriate, therefore, framing of charge dated 1.6.2024 by learned Court, being illegal cannot sustain but is liable to be set aside. Accordingly, the order for framing of charge dated 1.6.2024 is hereby set aside and the Court concerned is directed to decide the application for discharge dated 23.5.2017 aolongwith objection filed by the opposite parties first within a period of 45 days from today and then to proceed further in accordance with law. 7. In view of above, the criminal revision is allowed. Order Date :- 27.2.2025 S.K.S. Digitally signed by :- SUNIL KUMAR SINGH High Court of Judicature at Allahabad