High Courts(2000) 11 AHC CK 0073

Shiv Bachan and Others vs Judicial Magistrate,Deoria and Another

Allahabad High Court · Decided on 29 November 2000

HON’BLE JUDGES
V.K.Chaturvedi, J
RESULT
Dismissed
CASE NUMBER
Criminal Revision No. 415 of 2000

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Judgment

5 paragraphs · 257 words

V. K. Chaturvedi, J.—This revision has been preferred against the order dated 1972000 passed by the Judicial Magistrate, Deoria in Misc. Case No. 290 of 1996 by which the objection against the summoning order dated 26111999 is dismissed.

2.

Heard Sri K.K. Mani, learned counsel for the revisionist and learned A.G.A.

3.

It is contended that the opposite party No. 2 lodged an EI.R. against the revisionists at case Crime No. 101 of 1996 in Police Station Bhatni, under Sections 395/3971.RC. After investigating the case final report was submitted against which a protest petition was filed by the opposite party No. 2 and after recording the evidence under Section 200 and 202 Cr. P.C. the Judicial Magistrate took cognixance against the revisionists under Sections 147, 325, 427 I.P.C. only on 26111999. Against the cognizance order, objection was filed which was dismissed by the lower Court relying upon the judgment reported in 2000(1) JIC 399 (SC) page 395 Ranjeet Singh v. State of U.P. Perused the impugned orders and other material on record, the impugned order dated 1972000 does not suffer from any illegality, incorrectness and impropriety. The revision is accordingly, dismissed.

4.

However, considering the fact that the cognizance order has been passed after recording the statement under Section 200 and 202 Cr. PC, it is provided that in case the revisionists who are three in number surrender before the Court below and apply for bail, their bail application shall be considered and disposed of expeditiously, preferably on the same day in accordance with law.

Revision dismissed.