KAILASH SINGH Vs. STATE OF U P

JUDGEMENT

(1.) This revision has been directed against the order passed by the learned Magistrate on 5.11.2011 through which he has taken cognizance of the offence regarding which a charge sheet was filed before him. It has been submitted from the side of the revisionist that from perusal of the order it is evident that the learned Magistrate passed the order without application of his mind and without considering the charge sheet and without going through the case diary.

(2.) In this connection my attention has been drawn from the side of the revisionist towards , Amit Garg Vs. State of U.P., Fakhruddin Ahmad Vs. State of Uttranchal. On the other hand my attention has been drawn towards , Dy. Chief Controller of Imports and Exports Vs. Roshan Lal Agrawal & Others, U.P. Pollution Control Board Vs. M/S Mohan Meakins Ltd. & Others, 2000 AIR(SC) 1456 Kanti Bhadra Singh Vs. State of West Bengal & Bench, Mohd. Sayeed Vs. State of U.P., from the side of the State.

(3.) I have gone again through these case laws. In the case Dy. Chief Controller of Imports & Exports , the learned Magistrate had passed the following orders:-