JHAMMAN SINGH Vs. STATE OF U P

JUDGEMENT

(1.) S. C. Jain, J. This revision petition has been filed against judgment and order dated 29-91988 passed by the Special Additional Sessions Judge, Bulandshahr in Criminal Revision No. 169 of 1987 (Raghuraj Sharma v. U. P. State) setting aside the order dated 30-4-1987 passed by the Judicial Magistrate-I, Bulandshahr in a case under Section 379,i. P. C.

(2.) A case under Section 379,i. P. C. was registered against Raghuraj Sharma and after investigating the case the police found that the accused had not committed the offence and the trees which were subject-matter of the offence belonged to Raghuraj Sharma, the accused on receiving final report as submitted by the police the learned Magistrate sent notice to the complainant party to file protest petition. The protest petition along with the affidavits of certain witnesses were filed and on that basis without adopting the procedure which is to be adapted in a complaint case the Magistrate ordered summoning of the accused. That order was challenged before the Special Additional Sessions Judge, Bulandshahr wh0 by his order dated 29-9-1988 allowed the revision petition and remanded the case back to the Magistrate to follow the procedure as laid down under Sections 200 and 202, Cr. PC. Against this order passed by the Special Additional Sessions Judge, Bulandshahr, this revision petition has been filed.

(3.) A copy of this order be sent to the lower court concerned. Revision dismissed. .