SITA RAM Vs. STATE OF U P

JUDGEMENT

(1.) The revision is preferred by the revisionists Sita Ram, Puttu Singh, Shiv Dutta, Vishnu Datta, Jagat Narain, Udit Narain, Babboo and Bhwani Deen against the judgment and order dated 7-4-1988 passed by 4th Additional Sessions Judge, Hamirpur in Criminal Revision No.54 of 1987 whereby the revision was allowed and set aside the order dated 30-3-1987 passed by the learned C.J.M. Hamirpur in Criminal case no.232 of 1987 arising out of case crime no.213-A of 1986, under Section 147,148,149,307 I.P.C., P.S. Biwar, district Hamirpur and the matter was remitted to the court of learned C.J.M. to pass a fresh order after affording opportunity of being heard to the complainant.

(2.) Heard Sri V. S. Singh learned counsel for the revisionists and the learned A.G.A.

(3.) From the perusal of the record it appears that the F.I.R. was lodged by the opposite party no.2 in case crime no.213-A of 1986 against the revisionists under Sections 147, 148, 149 and 307 I.P.C., P.S. Biwar, district Hamirpur. The matter was investigated, the I.O. came to the conclusion that the revisionists were falsely implicated. therefore, the final report was submitted in court of learned C.J.M. Hamirpur. A notice was issued to the opposite party no.2, who submitted protest petition and the affidavits were filed by the witnesses Naval Kishor and Ram Kishore. After perusing the case diary the learned Magistrate rejected the protest petition filed by the opposite party no.2 and accepted the final report on 30-3-1987. Against the order dated 30-3-1987 the opposite party no.2 filed Criminal Revision No.54 of 1987. The same was allowed on 17-4-1988 and the order dated 30-3-1987 was set aside and the matter was remitted to the court of learned Magistrate with a direction to pass a fresh order after affording opportunity of being heard to the opposite party no.2 in accordance with the provisions of law and both the parties were directed to appear before the court of learned C.J.M., Hamirpur.