SARJOO Vs. GIRJA DEVI

JUDGEMENT

(1.) K. Narayan, J. This revision is directed against the order rendered by the Addition al Sessions Judge, Ghazipur in Criminal Revision No. 392 of 1989 whereby the learned Sessions Judge setting aside the order dated 26- 9-1989 of the Magistrate had directed the Magistrate to proceed afresh with the proceedings under Section 145, Cr. P. C. according to law.

(2.) THE bare minimum facts material for the purpose of this revision may be men tioned in the form that on the proceedings under Section 145, Cr. P. C. initiated with a preliminary order dated 23-7-1986; the parties possibly filed written statements and thereafter an order of attachment was recorded on 19-3- 1989. In the meanwhile a civil suit was also brought on 22-9-1986. This civil suit appears to have been one for cancellation of the will purporting to have been made by one of the last owners. However, all that aspect except dates is not material for the purposes of present revision.

(3.) THE learned Counsel for the respondent has no doubt referred me the decisions in the case of Ibne Husain v. State of U. P. , 1989 AWC 942 and in the case of Sauraj Singh v. State, 1983 AWC 72.