RAMESH Vs. STATE OF U P

JUDGEMENT

(1.) This revision is directed against the order dated 27.2.1985 recorded by Sri U.S. Gupta, learned Sessions Bareilly in Criminal Revision No. 28 of 1985 by which the learned Judge allowed the revision and set aside the order of learned Chief Judicial Magistrate, Bareilly Sri Om Prakash Misra dated 10.1.1985 by which the revisionists were ordered to be put up for identification in district Jail Bareilly in connection with the crime committed in Pilibhit under sections 302/201, Indian Penal Code,

(2.) It appears that revisionists Ramesh and Suresh are residents of district Bareilly but revisionist Sukhpal is resident of district Shahjahanpur. All the revisionists were in district Jail Bareilly in connection with their trials in Bareilly district under various courts.

(3.) As the revisionists are wanted in criminal case under sections 302/201 Indian Penal Code of P. S. Kotwali Pilibhit and a warrant B was received for their transfer to Pilibhit Jail for the purpose of test identification parade, the revisionists moved an application before the learned Chief Judicial Magistrate, Bareilly to direct the police of Pilibhit to conduct their test identification parade in Bareilly district Jail and not to transfer them to district Jail Pilibhit to allay their apprehension that in transit they would be shown to identifiers as was done in the case of co-accused Hiralal. The, learned Magistrate accepted the prayer of the revisionists as just and fair and so recorded the order which was reversed in revision by learned Sessions Judge on the ground that it was not for the Chief Judicial Magistrate Bareilly to direct the Investigating Agency Pilibhit to conduct the test identification parade in Bareilly Jail and not in Pilibhit. It was exclusive outlook of Investigating Agency to decide the matter.