(1.) This is a criminal revision directed against the order dated 17-6-1994 passed by the First Additional Munsif Magistrate, Bijnor in Criminal Complaint Case No. 23 of 1994 Laxman v. Satyapal under S. 302/34, I.P.C., P. S. Chandpur, district Bijnor, whereby the revisionists have been summoned u/S. 204, Cr. P.C.
(2.) Ihave heard Sri Veer Singh learned counsel for the revisionists, and the learned Additional Public Prosecutor for the State, and Sri K.M. Garg counsel for opposite party No. 2.
(3.) Learned counsel for the revisionists has contended that the learned Magistrate has committed an illegality by not examining all the witnesses in the inquiry under S. 202, Cr. P. C. learned Additional Public Prosecutor replied that the learned Magistrate called upon the complainant to produce all his witnesses for inquiry under S. 202, Cr. P. C. and the complainant produced five witnesses who have been examined by the learned Magistrate and thereupon the learned Magistrate after perusal of the testimony of the five witnesses and other documents came to the conclusion that there is a reasonable ground for proceeding further again the accused persons. I have also perused the impugned order of the learned Magistrate and find that the Magistrate has called upon the complainant to produce all his witnesses, but the complainant has produced only five witnesses and other documents. Learned Magistrate has after perusal of the evidence come to the conclusion that there is reasonable ground to proceed further and consequently he has summoned the accused revisionists. The requirement of S. 202, Cr. P.C. has been fulfilled by the learned Magistrate and there does not appear to be any illegality in the impugned order of summoning the revisionists to answer the charge under S. 302/34, I. P.C.