MADAN SEN SINGH Vs. STATE OF U P

JUDGEMENT

(1.) This revision has been directed against the order dated 8.5.91 passed by the Chief Judicial Magistrate, Mirzapur in Criminal Case No. 1430 of 1991 summoning the revisionist for the offence punishable under Section 498-A I.P.C. and Section 3/4 Dowry Prohibition Act. A preliminary point was raised as to whether the revision is maintainable.

(2.) In Kailash Chaudhari and Ors. v. State of U.P. and Anr., 1994 All. L.J. 174 it was held that an order issuing process on exparte consideration of the complaint and the material under Section 204 of the Code being only a step towards trial is an interlocutory order against which no revision lies in view of the bar created under Section 397(2) Cr.P.C. Reliance on behalf of the revisionist has been placed upon Ram Pratap Singh and Ors. v. State of U.P., 1991 J.I.C. 333 in which it was held that summoning order passed under Section 204 Cr.P.C. is revisable.

(3.) In Smt. Swaran Anand and Ors. v. Chief Judicial Magistrate, 1977(14) A.C.C. 6, it was held by this Court that order summoning accused persons under Section 204 Cr.P.C. is interlocutory order. Revision against the order is barred under Section 397(2) Cr.P.C. It was further held that provisions of Section 482 Cr.P.C. also cannot be applied.