BANWARI LAL Vs. STATE OF U P

JUDGEMENT

(1.) Present revision has been filed by revisionist Banwari Lal under section 397/401 Cr.P.C. against order dated 5.2.2009 passed by learned Additional Sessions Judge, Court No.2, Ballia in S.T. No.216 of 2004 (State of U.P. Vs. Brijraj Meena and others) under sections 147, 148, 323, 395, 384, 297, 201/120-B, 109, 302, 218, 175, 177, 220, 342, 343, 193, 504, 506 I.P.C. and Section 5 of the Explosives Substances Act, Police Station Bheempura, District Ballia, whereby he has allowed the application no.446 Kha moved jointly by the Assistant District Government Council, Ballia and the Prosecution Officer of C.B.C.I.D. and has summoned the revisionist accused Banwari Lal under section 319 Cr.P.C. for offences punishable under sections 147, 148, 323, 395, 384, 297, 201/120-B, 109, 302, 218, 175, 177, 220, 342, 343, 193, 504, 506 I.P.C. and Section 5 of the Explosives Substances Act.

(2.) I have heard learned counsel for the revisionist as well as learned A.G.A. for the State of U.P. I have perused the impugned summoning order and had gone through the record of the case.

(3.) Learned counsel for the revisionist has contended that the impugned order passed by learned Additional Sessions Judge is wholly illegal and perverse. Learned counsel for the revisionist has further contended that charge sheet has been submitted by C.B.C.I.D. against revisionist in this very crime whereupon learned Chief Judicial Magistrate took cognizance and registered Case No. 2218 of 1996. Being aggrieved by the summoning order passed by learned Chief Judicial Magistrate, the revisionist accused filed Criminal Misc. Application u/s 482 Cr.P.C. No.2905 of 1996 with prayer to quash the proceedings of Case No.2218 of 1996 (State of U.P. Vs. Brij Raj Meena and others). This petition under section 482 Cr.P.C. was allowed by this Court vide order dated 9.2.2000 and proceedings of Case No.2218 of 1996 pending in the court of Chief Judicial Magistrate, Ballia was quashed. The said order dated 9.2.2000 passed by this Court under section 482 Cr.P.C. is still operative and has not been set aside either by the Hon'ble Supreme Court or by this Court. Therefore, in view of this order dated 9.2.2000 the impugned order passed by learned Chief Judicial Magistrate, Ballia under section 319 Cr.P.C. is against law and without jurisdiction. Therefore, revision should be allowed and impugned order passed by learned Additional Sessions Judge should be set aside.