AMBIKA PRASAD Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) This revision has been filed by Ambika Prasad against the order dated 24-4- 1991 passed by the Additional Chief Judicial Magistrate, Kashipur, committing the case of the revisionist and other co-accused for trial to the court of Session in Case Crime No. 74 of 1991 under Sections 302/ 34, 149, 148 and 147, I. P. C.

(2.) I have heard the learned counsel for the applicant-revisionist at length at the stage of admission.

(3.) The only ground pressed before me was that Sri D.D Upadhyay, Additional Chief Judicial Magistrate, Kashipur, had earlier recorded the statements of prosecution witnesses under Section 164 of the Code of Criminal Procedure and so, in view of Section 479, Cr.P.C. the Committal of the case to the Court of Session by him was wholly illegal.