CHHEDI Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) Chhedi and others have filed this application for revision against the order dated 31/01/1989, passed by Additional Chief Judicial Magistrate, Varanasi, in Criminal Case No. 2889 of 1988 (Badrun Bibi v. Chhedi) u/S. 395, IPC summoning the applicant-revisionists for the offence under S. 395, IPC.

(2.) An occurrence took place on 14/09/1988, at about 11 p.m. in which the applicant-revisionists from one side and Chhedi and others on the other were said to have been involved. An FIR of the occurrence was lodged by Haneef at P.S. Rohania on 15-9-1988 at 7-20 p.m. u/S.323/504 against Umar and others. Regarding the same occurrence another FIR was lodged by Smt. Badrun Bibi (Respondent No. 2) against the applicants u/S. 323/504, IPC.

(3.) On 17/09/1988, Smt. Badrun Bibi moved an application before the Additional Chief Judicial Magistrate, Varanasi, u/S. 156(3), Cr. P.C. praying that Police of P.S. Rohania be directed to lodge an FIR u/S. 394/ 395, IPC against Chhedi and others and thereafter to take proceeding against them in accordance with law. On this application the learned Additional Chief Judicial Magistrate made enquiry from P.S. Rohania if any case was or was not registered regarding the incident which was mentioned by Badrun Bibi in her application u/S. 156(3), of the Code of Criminal Procedure, hereinafter referred to as 'the Code'.