NAWABUL HAQUE Vs. STATE OF U P

JUDGEMENT

(1.) K. K. Chaubey, J. Heard learned counsel for the applicant. This petition purporting to be a revision has been filed against the order dated 12. 7. 1991 passed by the Second Additional Sessions Judge, Jhansi by which he allowed the revision petition and set aside the order dated 31. 3. 89 of the City Magistrate, Jhansi dismissing the petition under Section 135,cr. P. C.

(2.) THE learned Additional Sessions Judge by the impugned order has remanded the case to the court below only on two points, firstly, according to the learned Additional Sessions Judge, the learned City Magistrate should not have rejected the oral testimony on the ground that the witnesses are interested and secondly, he was of the view that the affidavits of some other case could not be relied upon and in any case, where an applica tion had been moved for bringing these affidavits on record, the learned Magistrate should have decided the point as to whether the affidavits are admissible in evidence or not. On these points, the case has been remanded for re-writing the judgment after consideration of the evidence on record.