SITA RAM Vs. STATE OF U P

JUDGEMENT

(1.) Heard the learned counsel for the petitioner as well as the learned A.G.A. and the learned counsel appearing for respondent No. 2.

(2.) This petition has been filed against the order dated 30-4-1998 passed by the II AddI. Sessions Judge, Jhansi in Criminal Revision No. 40 of 1995. The facts as they appear from the record are that a criminal complaint was filed by respondent No. 2 against the petitioner Sita Ram, Lekhpal, and the co-accused Gore Lal stating that the said Lekhpal, Sita Ram, in connivance with the other accused had recorded false entries in the revenue records regarding Plots No. 262 and 261. The Magistrate summoned the accused in the said case and recorded evidence under Section 244 Cr. P.C. The Magistrate after having considered the material at that stage discharged the accused persons, vide order dated 7-12-1994, which was challenged in the aforesaid Criminal Revision No. 40 of 1995. The learned AddI. Sessions Judge, while considering the entire aspect of the matter and after giving opportunity of hearing to the parties, was of the view that the order of the Magistrate dated 7-4-1994 discharging the accused persons under Section 245 Cr. P.C. was not warranted under the circumstances and allowed the revision-petition. He directed that the parties should be heard and if the ingredients of the alleged offence are not found present in the evidence as recorded under Section 244 Cr. P.C., only then the Magistrate would be justified to pass an order discharging the accused persons. He further observed that the Magistrate concerned at that particular stage of the case was not required to go into the nicety of the evidence for discharging the accused. Accordingly directions were given to Magistrate to pass the order in accordance with law.

(3.) Aggrieved with the aforesaid order, the present petition has been preferred by the Lekhpal accused, Sita Ram.