MUNSHI LAL Vs. STATE OF U P

JUDGEMENT

(1.) RAVINDRA Singh, J. Heard Sri S. S. Chauhan, learned Counsel for the petitioners and the learned A. G. A.

(2.) THIS petition has been filed against the order dated 15-1-2004 passed the learned Sessions Judge, Hathras in Crl. Revision No. 77 of 2004, by which the revision of the petitioners was dismissed on the ground that it was not maintainable because it was filed against the summoning order and the summoning order is an interlocutory order. It is contended by the learned Counsel for the petitioners that the petitioners have been summoned to face the trial for the offences punishable under Sections 394, 504 and 506 I. P. C. on 28-4-2004. The petitioners filed criminal revision alongwith an application under Section 5 of the Indian Limitation Act in the Court of learned Sessions Judge, Hathras but the same were dismissed by the learned Sessions Judge, Hathras on the ground that the impugned order dated 28-4-2004 passed by the learned Incharge, C. J. M. Hathras, summoning the petitioners was an interlocutory order. It is contended that it is an illegal order because the summoning order is a revisable order which is settled by the Hon'ble apex Court in number of cases. Considering the facts and circumstances of the case and the submissions made by the learned Counsel for the petitioners and also without entering into the controversy as to whether the summoning order is an interlocutory order or not, it will be proper to meet the ends of justice that the revision filed by the petitioners in the Court of learned Sessions Judge, Hathras may be disposed of on its merit, so the impugned order dated 15-12-2004 passed by the learned Sessions Judge, Hathras is set aside and he is directed to decide the Criminal Revision No. 77 of 2004 on its merit after affording opportunity of hearing to the parties concerned in accordance with the provisions of law. Till the disposal of the criminal revision, the petitioners shall not be arrested in compliance with the order dated 28-4-2004 passed by the learned Incharge C. J. M. , Hathras.