MAHBOOB HASSAN ANSARI Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) HEARD Sri Vinod Sharma, learned counsel for the revisionists and Sri Harish Pujari, learned Addl. GA for the State/respondent no. 1 as well as Sri Bhuwnesh Joshi, Advocate holding brief of Sri Vivek Shukla, learned counsel for respondent no. 2.

(2.) THIS criminal revision preferred under Section 397/401 of The Code of Criminal Procedure, 1973 (hereinafter to be referred as Cr.P.C.), is directed against the order dated 3.08.2004 passed by Judicial Magistrate (Ist Class) Roorkee, (Haridwar) in Case No. 1105/2004 State Vs. Amit Kumar & Others, whereby learned the Magistrate has taken the cognizance against the revisionists under Sections 420/468 of The Indian Penal Code, 1860 (hereinafter to be referred as I.P.C.).

(3.) LEARNED counsel for the revisionists fairly submitted that in view of the law laid down by the Honble Apex Court, in the case of Adalat Prasad Vs. Jindal and others, reported in (2004) 7 S.C.C., 338"the revision is not maintainable against the summoning order. Hence, he prayed that he may be permitted to withdraw the present revision with liberty to avail appropriate remedy before appropriate forum.