Pancham Teli vs State of U.P.

S.R. Bhargava, J.

This criminal revision is directed against an order summoning revisionists Pancham Teli, Bharat Teli, Munni I al and Munner Chauhan in complaint case No. 708 of 1988 of the court of 5th Addl. Chief Judicial Magistrate, Varanasi in a complaint case u/s 308/323/504/506 I.P.C. It appears that earlier also this case came to this Court in Revision and at that time it was observed that without examining the doctor summoning order was bad. Now the doctor has been examined. It is urged that even the injury report and testimony of the doctor do not disclose a case under Section 3Qf) I.P.C. The case has already lingered. At this stage this Court need not interfere. If the Sessions Court finds at the time of framing of charge that no case is made out under Section 3U8 I.P.C. and that the case is exclusively triable by court of Sessions, the Sessions Judge shall send back the case to the Chief Judicial Magistrate under Section 228 Cr. P.C.

It is, however, necessary to ensure that the revisionists are not harassed or humiliated in the court of Magistrate. Revisionists may appear before the Magistrate concerned who shall comply with Section 08 Cr.P.C. and shall require the revisionists only to furnish bonds with or without sureties for their appearance on future dates. Unless the revisionists are committed to court of Sessions they shall not be taken into judicial custody. The learned Magistrate shall take care to commit the revisionist to sessions in the early part of day so that they may apply forbail:o the Sessions Judge on the same day. If the revisionists apply to the Sessions Judge for bal, as directed above the Sessions Judge shall dispose of their bail application on the same day.

With these observations the revision is disposed of finally.

A copy of this order be issued to the learned counsel for the revisionists within 48 hours on payment of usual charges.

Dismissed