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Judgment
O.P. Jain, J.—Mr. R.K. Porwal Is present for the revisionist and A.G.A. for the State.
A notice u/s 107/116. Code of Criminal Procedure was issued by S.D.M. Bharthana, district Etawah to one Jyoti, son of Deepak resident of Brijraj Nagar, House No. 80 near Jain Temple at village Bharthana. The notice was issued at the instance of Prem Shanker Gupta, who was retired officer and had filed an application dated 23.11.1993 that Jyoti, son of Deepak is causing breach of peace.
Somehow a revision against the order was filed by Jyoti, minor daughter of Sri Krishan and the learned incharge Sessions Judge, Etawah (Sri V.D. Dubey) has set aside the order on the ground that there was no justification to issue a notice u/s 107/116. Code of Criminal Procedure against a girl of tender years.
It appears from the order passed by learned Sessions Judge that he was aware that the complaint is against a boy and the revision has been filed by a girl. In the impugned order he says "Nobody can even imagine that the gender will be changed by the police personnel and a P.C.S. Officer will abuse the authority". The learned Sessions Judge has recommended to the State Government to withdraw criminal powers of the Magistrate on the ground that the Magistrate has demanded security bonds and personal bond of Rs. 20,000 to be furnished by such a small girl.
It appears that the notice meant for Jyoti, son of Deepak was wrongly served by the police on some girl bearing the same name. The learned Sessions Judge should not have entertained the revision filed by a person who was absolutely unconcerned.
The impugned order was passed without issuing any notice to complainant Prem Shanker Gupta. Had a notice been issued to him, he would have explained that the revision has been filed by a wrong person. It is apparent from what has been stated above that the remarks passed by the learned incharge Sessions Judge, Etawah against the S.D.M. are unwarranted.
In view of the above, the impugned order dated 11.12.1998 passed by Sri V.D. Dubey, incharge Sessions Judge, Etawah in Criminal Revision No. 390 of 1998 is set aside. The S.D.M. Bharthana is directed to ensure that notice of the proceedings is issued to Jyoti, son of Deepak, resident of Brijraj Nagar, House No. 80 near Jain Temple, Bharthana.
A copy of this order be sent to Sri V.D. Dubey. incharge Sessions Judge, Etawah, for his information.