RAM BACHAN Vs. STATE OF U.P.

JUDGEMENT

(1.) This criminal revision is directed against the summoning order dated 8.12.2010 passed by Xth Civil Judge (Junior Division) Gorakhpur in Criminal Case No. 26/2010 (Ram Chela Vs. Ram Bachan) whereby revisionists Ram Bachan and Sadanand have been summoned to face trial under Sections 435, 436, 429, 427& 506 IPC.

(2.) Brief facts of the criminal revision are that opposite party no. 2, Ram Chela lodged FIR stating that on 21.2.2010 at about 2:30 am revisionists/accused lit fire upon the house of complainant/opposite party no. 2, completely burning the household goods and his pet animals including 8 months old calf. Thus, they destroyed goods worth rupees one lakh. The matter was investigated and a closure report dated 17.4.2010 was filed in the court. Meanwhile complainant filed a criminal complaint for the same incident in the court of additional judicial Magistrate Ist Ghazipur. The statement of complainant was recorded under Section 200 Cr.P.C. The statement of two witnesses, namely, Benchu and Upendra were also recorded and thereafter the impugned summoning order was passed on 8.12.2010 against the revisionists.

(3.) Aggrieved, accused persons namely, Ram Bachan and Sadanand have preferred the present criminal revision primarily on the ground that evidence of all witnesses was not recorded under the proviso to Section 202 (2) Cr.P.C. which provides that if it appears to the Magistrate that the offence complained of is triable exclusively by the court of sessions he shall call upon the complainant to produce all his witnesses and examine them on oath.