ARVIND KUMAR TEWARI Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) Heard the learned counsel for the petitioners and the learned A.G.A.

(2.) The present writ petition has been filed under Article 226 of the Constitution of India for issuance of a writ of certiorari quashing the order dated 27-8-2004 passed by Sessions Judge, Ghazipur in Criminal Revision No. 332 of 2004 and order dated 5-4- 2004 passed by the C.J.M. Ghazipur in Criminal Case No. 1412/2004 which are Annexure Nos. 9 and 10 to the writ petition.

(3.) The brief facts, giving rise to this writ petition, are that on an application under Section 156(3) Cr.P.C. a report was lodged at police station Zamania who investigated the case and submitted a charge-sheet under Sections 323/506, IPC and in the said charge-sheet the Chief Judicial Magistrate considered police papers and found that there was sufficient evidence for taking the cognizance, consequently issued summons to the accused-petitioners vide its order dated 5-4-2004. The petitioners filed a Criminal Revision No. 332 of 2004 before the Sessions Judge, who. after hearing, dismissed the same at the admission stage itself, holding that the order summoning the accused is not a case decided and is an interlocutory order. He also observed that revision was not maintainable and there was no need for summoning the lower Court record.