JIMEDAR YADAV Vs. STATE OF U P

JUDGEMENT

(1.) Jimedar Yadav, the revisionist has preferred this revision against the judgment and order dated 16.12.2009 passed by IXth Additional Civil Judge Jr. Division/Judicial Magistrate Ghazipur in Case Crime No. 897 of 2007 State v. Jimedar Yadav, by which the learned Magistrate has committed the case against the accused/revisionist as per provisions under Section 323, Code of Criminal Procedure before the Court of Session for trial.

(2.) No one appeared on behalf of the revisionist at the time of hearing of this revision while learned AGA has been heard in the light of the grounds of this revision.

(3.) As per the grounds of this revision, it is stated that the impugned order is based on misreading of records, is arbitrary and against the principles of natural justice, which is not tenable in the eyes of law. The prosecution never made any protest/objection on the charge-sheet filed against the accused for the offence under Section 304-A, IPC. It is settled law that if the learned Magistrate does not rely upon the police report, it should be treated as a complaint case. The provisions of Section 202(2), Code of Criminal Procedure have not been followed in this case and therefore, the impugned order is liable to be quashed.