SWAMINATH Vs. STATE OF U P

JUDGEMENT

(1.) A. Mateen, J. Heard learned Counsel for the revisionist and Sri S. C. Srivastava, learned Counsel appearing for respondent No. 2.

(2.) THIS petition has been preferred by the revisionist having aggrieved against judgment and order dated 19-1-2001 passed in Criminal Revision No. 18 of 2000 by means of which learned IV Additional Sessions Judge, Gonda remanded the case to the Magistrate concerned with a direction that the application for discharge moved by the revisionist under Section 239 Cr. P. C. be reconsidered and necessary orders be passed on the basis of evidence collected during the course of investigation.

(3.) WHILE considering the revisional order as well as the order of the Magistrate, this Court is of the view that the reasons adopted by the learned Sessions Judge for remanding the case are germane and in accordance with the procedure established by law. However, the learned Sessions Judge has exceeded his jurisdiction to the effect whereby he has directed the Magistrate concerned to frame charges against the accused persons.