AMAR SINGH Vs. STATE OF U P

JUDGEMENT

(1.) R. K. Saksena, J. By his order dated 30-3-1990 the Special Judge Farrukhabad, deriving powers under the Uttar Pradesh Dacoity Affected Areas Act, 1983 took cognizance of an offence, prima facie, punishable under Section 396 of the Indian Penal Code and directed for issuance of non bailable warrant of arrest to procure the attendance of these five applicants, namely, Amar Singh, Mahendra, Ram Krishna, Nek Ram and Jogeshwar in Crime Case No. 47 of 1988 under Section 396, I. P. C. Police Station Nawabganj District Farrukhabad. The correctness and the propriety of this order has been assailed by the said persons by means of this revision.

(2.) IT appears that the police had, after usual investigation, submitted a final report. Thereupon notice was issued to the victim of the alleged incident, who entered appearance, gave an application challenging the conclusion recorded by the Investigating Officer and filed affidavits also in support of his allegations that the crime had been committed by these persons. After a conspectus of all the materials placed before him, the learned Special Judge passed the impugned order.

(3.) THE revision is dismissed. Revision dismissed. .