SAIYAD MUSTAQ ALI Vs. STATE OF U P

JUDGEMENT

(1.) In this Criminal Revision order dated 19.12.2005 passed by the learned Chief Judicial Magistrate, Mahoba issuing process under Section 204 Criminal Procedure Code, 1973 (Code) against the revisionists on the complaint moved by Respondent No. 2 is under challenge.

(2.) The learned Chief Judicial Magistrate after having taken cognizance on the compliant so moved by the Respondent No. 2 under Section 190 (1) (a) of the Code of Criminal Procedure (Code) proceeded in the matter as provided in the Chapter XV of the Code. The statements of the complainant and the witnesses were recorded under Section 200 of the Code and the complainant further adduced documentary evidence before the C.J.M. purported to be under Section 202 of the Code. The learned C.J.M. being satisfied that there is sufficient ground for proceeding and the case appears to be warrant case issued warrant against the revisionists under Section 204 of the Code. However, the C.J.M. did not feel satisfied so far as the other persons named in the complaint are concerned, therefore, he dropped the proceedings against them under Section 203 of the Code vide the impugned order, under challenge in this revision invoking Section 397/401 of the Code before this Court.

(3.) Heard learned counsel for the revisionist, learned A.G.A. and learned counsel for the Respondent No.2 (complainant) and also perused the record.