BHAGWAN SINGH Vs. STATE OF U P

JUDGEMENT

(1.) B. K. Rathi, J. This is a petition under Section 482 Cr. P. C. for quashing the order dated 3-1-2002, Annexure-9 to the petition passed by Special Judge (D. A. A.), Agra allowing the protest petition and rejecting the final report and summoning the petitioners for offences under Sections 147, 148, 149, 307, 302, 394, and 506 I. P. C.

(2.) I have heard Shri Viresh Mishra, learned Senior Advocate for the petitioners and Shri Satish Trivedi, learned Senior Advocate for Opposite Party No. 2 and the A. G. A. The facts of the case are as follows:

(3.) I have considered the arguments. It is no doubt true that the details of the ornaments robbed have not even been given even in the evidence. However, for this reason at this stage it cannot be said that no offence under Section 394 of the Cr. P. C. has been made out as the allegation is that the ornaments were robbed and it can be decided after evidence. Therefore, the first argument that the Special Judge DAA, Agra has no jurisdiction to pass any order in the matter cannot be accepted.