SIYA RAM Vs. STATE OF U P

JUDGEMENT

(1.) This application had been moved by Siya Ram and five others, praying that the order passed by the Judicial Magistrate II, Varanasi, in Criminal Case No. 1084 of 1980 State v. Siya Ram and others under section 448, I. P. C. and the order dated 24.4.1981 passed by the Fourth Additional Sessions Judge, Varanasi, in Criminal Revision No. 402 of 1980: Siya Ram and others v. State be quashed.

(2.) The facts of the case reveal that a charge-sheet was submitted in the court of the Judicial Magistrate II, of 1980 under Section 448, I. P. C. on 5.9.19/SO with respect to an offence which took place on 22.2.1979 at about 10.00 p.m. An application under section 473, Cr. P. C. praying to condone the delay in filing the charge-sheet was moved by the Incharge of the relevant policestation. The Judicial Magistrate concerned condoned the delay and summoned the accused for trial.Aggrieved by this order, the accused went in revision before the Sessions Judge. The Fourth Additional Sessions Judge, Varanasi, dismissed the revision on 24.4.1981. Hence the present application.

(3.) Counsel for the applicants has urged that the orders passed by the courts below are wholly illegal and without jurisdiction and they have been passed in violation of the principles of natural justice.