ALLADIN AND OTHERS Vs. STATE AND ANOTHER

JUDGEMENT

(1.) THIS is a reference made by Sri M.M.H. Siddiqui, Civil and Sessions Judge, Basti, by his order dated 5 -9 -1972 in the following circumstances.

(2.) ONE Mohan Pandey filed a complaint against 50 Applicants. The allegations in the complaint were that the 50 Applicants committed offences Under Sections 147, 148, 323, 307 and 395 IPC on 7 -10 -1971 at about 9.10 A.M. The complaint was filed on 1 -11 -1971 in the Court of III Munsif Magistrate, Basti. A FIR lodged by the complainant was also filed. The Magistrate directed that the statements Under Sections 200 and 202 Code of Criminal Procedure will be recorded on 4 -11 -1971. The case could not be taken on that date. It was however taken on the following day and on that date the statement of the complainant Mohan Pandey Under Section 200 Code of Criminal Procedure was recorded. On the same day the statement of another witness Ram Phal Under Section 202 Code of Criminal Procedure was recorded. After recording these two statements the Magistrate passed the following order:

(3.) AGAINST the above order the accused Applicant filed an application in revision. After hearing the parties the court below has made a reference. The order summoning the accused should be quashed.