ANAND SWAROOP Vs. STATE OF U P

JUDGEMENT

(1.) Misc. Application no. 222891 of 2005 has been moved by the applicant-revisionists for recalling the judgment and order dated 5.8.2005 passed by this Court in Criminal Revision no. 1951 of 1998, Anand Swaroop and others Vs. State of U.P. and another,and Misc. Application no. 222899 of 2005 has been moved by the same applicant-revisionists for recalling the order of same date passed by this Court in Criminal Revision no. 1863 of 1998, Anand Swaroop and others vs. Brij Bhushan Parashar.

(2.) Since the parties to the above cases are common and common question of law are involved therein, I have heard both the cases together and now I am deciding them by a common order. The facts relevant for disposal of these two applications are that Brij Bhushan Parashar ( opposite party in both the cases ) had lodged a report against the accused applicants at police station Parikshit Garh district Meerut and on the basis of that report a case under sections 304-B and 201 I.P.C. was registered against the accused persons. The police, however, on completing the investigation submitted final report in the case. Aggrieved with that report Brij Bhushan Parashar filed a protest petition.

(3.) The learned Magistrate after hearing on that protest petition passed an order on 15.1.1998 for treating the protest petition as a complaint and fixed a date for recording statements of the complainant and the witnesses under sections 200 & 202 Cr.P.C. Aggrieved with that order the complainant Brij Bhushan Parashar filed Criminal Revision no. 42 of 1998 in the court of the Sessions Judge, Meerut, who after hearing the parties ,decided it vide his order dated 3.9.1998 and set aside the order passed by the Magistrate for treating the protest petition as complaint, and remanded the case back to his court to re-examine the final report and reassess the evidence and then pass suitable order in the matter. The learned Magistrate after remand of the case heard the complainant and the State and this time he after perusal of the case diary and the evidence therein was of the view that a prima facie case under sections 304-B and 201 I.P.C. was made out against the accused-applicants. He, therefore, passed an order on 5.10.1998 for summoning the accused revisionists under sections 304-B and 201 I.P.C. Aggrieved with that order the accused filed Criminal Revision no. 1863 of 1998 in this Court. They also filed another Criminal Revision No. 1951 of 1998 thereafter against the judgment and order dated 3.9.1998 delivered by the Ist. Addl. Sessions Judge, Meerut in Criminal Revision no. 42 of 1998.