MEGHRAJ AND OTHERS Vs. RAGHUNATH AND OTHERS

JUDGEMENT

(1.) This revision, accompanied by an application for condonation of delay under Sec. 5 of the Limitation Act, is directed against summoning order issued by the Magistrate at Hathras for offences under Sections 323/504, I.P.C. in a private complaint case, Revisionists are residents of Kanpur. It is contended on their behalf that the complaint filed in 1988 about the offence of 15-3-1986 is barred by Limitation. Then it is contended that from evidence under Sections 200 and 202, Cr. P. C. no offence was made out. Revisionists filed petition under Sec. 482 Cr. P. C. which has been converted into revision. At this stage this Court is not inclined to express any opinion on the questions raised. Revisionists can appear before the Magistrate concerned and claim discharge under Sec. 245 at such stage which they deem proper. This Court need only point out this much that discharge can be claimed under Sec. 245 (2), Cr. P. C. at any stage and even before any evidence under Sec. 244, Cr. P. C. is recorded. Contention of the revisionists is that if they are made to appear before the Magistrate at Hathras, they shall be taken into custody and shall be required to secure bail which would result into unnecessary harassment. Considering all the circumstances of the case I finally dispose of this revision with direction that the revisionists shall be at liberty to appear before the Magistrate concerned through counsel and their personal attendance should be deemed to have been exempted under Sec. 205, Cr. P. C. Revisionists shall be at liberty to claim their discharge as observed earlier. If the warrants have been issued against the revisionists, their operation shall remain stayed for one month. A copy of this order be issued to the counsel of the revisionists on payment of usual charges within 48 hours. Dismissed.