SWARN MANJAL Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) This is a revision under Section 397/401, Cr. P. C. The facts giving rise to this revision are as follows :

(2.) The opposite party No. 2 filed a complaint against the revisionist and three others for offences under Section 406, I. P. C. and 138 N. I. Act which was case No. 792 of 1998 pending before VIth Additional Chief Judicial Magistrate, Agra. The learned Magistrate recorded the evidence under Sections 200 and 202, Cr. P. C. and thereafter passed the order under Section 204, Cr. P. C. summoning the revisionist. In compliance of the process issued against the revisionist, the revisionist appeared and filed objections pleading that no case is made out against her and therefore, the order of summoning her under Section 204, Cr. P. C. be recalled. The application was not considered on the merits. On the other hand, it was rejected only on the ground that objections against the order for issuing summons are not maintainable in view of the decision of Full Bench of this Court in the case of Ranjit Singh v. State of U. P., 2000 (1) JIC 399. Feeling aggrieved by this order, the revisionist has approached this Court.

(3.) I have heard Sri Raghubir Singh, learned counsel for the revisionist and the learned A. G. A.