POORAN SINGH Vs. STATE OF U P

JUDGEMENT

(1.) The present petition has been filed for issue of a writ in the nature of certiorary for quashing the impugned order dated 16/1/2003 passed by the District and Sessions Judge, Muzaffamagar (Annexure 5 to the writ petition).

(2.) The brief facts giving rise to the petition are that the respondent No. 4 filed an F.I.R., which was registered as Case Crime No. 69 of 2001 under Sections 420, 467 and 468 IPC. After investigation a final report was submitted. The respondent No. 4 filed a protest petition. The said final report was rejected and the petitioners were summoned, against which a Misc. Application under Section 482 Cr.P.C. was moved but the same was rejected by this Court on 15/9/2002.

(3.) After rejection of the Misc. Application under Section 482 Cr.P.C. the petitioners moved an application under Section 239 Cr.P.C. with the prayer that a false case was lodged against them and the petitioners be discharged. Another application was moved by the petitioners under Sections 205 and 317 Cr.P.C. with the prayer that the personal attendance of the petitioners be exempted and they be allowed to be present in court through their counsel. Both the applications were rejected by the respondent No. 3 by the order dated 12/11/2002. A revision against the said order was filed, which was decided by the respondent No. 2 (Annexure 5 to the writ petition). By way of the present writ petition the order directing the personal appearance of the petitioners has been challenged on the ground that the revisional court has committed illegality in giving direction to the Magistrate that he shall hear both the parties on the application under Section 239 Cr.P.C. The direction for the appearance is also challanged as the same is said to be against the law.