1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL REVISION APPLICATION NO.374 OF 2009 Mr.Rajesh Swami and Ors. .... Applicants Vs. The State of Maharashtra .... Respondent Mr.Ashok Bhatia, Advocate for Applicants. Mr.J.P. Kharge, APP for State - respondent. Coram : SMT. R.P. SONDURBALDOTA, J. Date : 3rd August, 2009 P.C. 1. By this revision application, the applicants who are the accused in Sessions Case No.106 of 2009 challenge the legality and correctness of the order dated 16th May 2009 by which the Sessions Court dismissed the application for discharge of the offences punishable under Sections 394 and 397 Indian Penal Code. The application is opposed by the State. 2. Mr.Bhatia, learned counsel for the applicants submits that the complaint as filed does not refer to any allegations for the offence punishable under Sections 394 and 397 Indian Penal Code. No doubt the complaint as filed initially does not refer to any allegations under Section 395 and 397 Indian Penal Code. However, there is supplementary statement of the complainant recorded on 17th September 2008 which definitely contains the 2 allegations against the applicants. In the statement, it is stated that the applicants along with the other persons committed robbery of golden ring with diamond. Accused no. 1 forcibly withdrew his mobile handset and all of them committed theft of goods worth Rs.38,000/- from his possession. There are also allegations of assault. Learned Sessions Judge has rightly appreciated these aspects of the matter and rejected the application for discharge. Hence, there is no reason to interfere with the order. Hence, the Revision Application is rejected. (SMT.R.P. SONDURBALDOTA,J)