SUKHAL Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) Heard the learned counsel for the applicants and the learned A.G.A. and perused the record.

(2.) This revision has been directed against the order dated 22-5-2001 passed by Sessions Judge, Kushinagar at Padrauna allowing the criminal revision No. 151 of 2001 filed by Jiyut, opposite party No. 2 remanding the case to the Chief Judicial Magistrate concerned for decision afresh after trial.

(3.) It appears that applicants stood surety in a case under Sections 323, 324 and 325, I.P.C. relating to P.S. Kubersthan, erstwhile district Deoria (now Padrauna). It is further alleged that in the said case the applicants filed certain forged documents in support of their solvency. During trial of the said case it was detected that the documents filed by applicants in proof of their solvency were forged. Accordingly, the complainant of the case Jiyut, opposite party No. 2, moved an application before the Magistrate concerned to initiate a proceeding against the applicants under Section 340, Cr.P.C. The Learned Magistrate initiated above proceeding and concluded that the applicants had committed offences punishable under Sections 205, 419, 468, 471, I.P.C. Accordingly, he filed complaint in the Court of Chief Judicial Magistrate.