RAMADHAR Vs. STATE OF U P

JUDGEMENT

(1.) HEARD learned counsel for the revisionist and learned AGA for the State.

(2.) THIS is a complainant's revision against the order dated 28.6.2011 passed by Addl. District Judge-I, Auraiya in S.T. No. 1 of 2007 (State v. Pratap Narain and others), under Section 364 IPC, P.S. Auraiya, District-Auraiya.

(3.) SESSION trial, once committed to the Court of session cannot be remitted back or remanded back to the Magistrate on the ground that provisions of Section 202 Cr.P.C. have not been fully complied with. The session case can only be remitted to the Court of Magistrate only on the ground that no offence triable by Court of session is made out. Learned Addl. SESSIONs Judge failed to notice that the summoning order and the committal order have not been challenged by the accused person at any stage. State or learned A.D.G.C. (criminal) has no business to challenge the summoning order or the committal order passed by the Magistrate.