Court No. - 34
Case :- CRIMINAL REVISION No. - 392 of 1996 Revisionist :- Ant Ram Opposite Party :- State Of U.P. And Others Counsel for Revisionist :- G.S.Chaturvedi,R.C. Upadhyaya,Ravi Prakash Singh Counsel for Opposite Party :- Govt. Advocate,A.K. Dwivedi,R.K. Gupta
Hon'ble Sudhir Agarwal,J.
1. Heard Sri Ravi Prakash Singh, Advocate for revisionist and learned A.G.A. for State.
2. This criminal revision under Section 397/401 Cr.P.C., has been filed aggrieved by judgment and order dated 27.02.1996 passed by First Additional District and Sessions Judge, Firozabad in Criminal Revision No. 89 of 1994.
3. A First Information Report was registered against accused persons. Police after inquiry submitted charge sheet against six persons. Complainant made a complaint and Magistrate recorded statements under Sections 200 and 202 Cr.P.C. but thereafter instead of recording statement of witnesses Magistrate has proceeded to invoke power under Section 319 Cr.P.C. and summoned other accused persons, who filed revision which has been allowed by Revisional Court vide order impugned in this revision.
4. Learned counsel for revisionist could not show as to how Magistrate at the stage of considering complaint and recording statement under Sections 200 and 202 Cr.P.C. could have exercised power under Section 319 Cr.P.C. I, therefore, find no manifest error in the order passed by Revisional Court.
5. Dismissed. Interim order, if any, stands vacated.
6. Certify this judgment to the lower Court immediately.
Order Date :- 22.8.2019 AK