MAHENDRA KUMAR JAIN Vs. STATE OF U P

JUDGEMENT

(1.) THIS revision is directed against an order, dated 6-11-1985, passed by Special Judge, Agra, in Sessions Trial No. 55 of 1985 Anil Kumar v. Mahendra Kumar and others, summoning all the accused persons to stand trial under section 395 IPC. The impugned order is as follows :

(2.) ON 29-11-1984 at 20.5 hours Mahendra Kumar Jain lodged a report against Rajendra Kumar and Pandey Anil Kumar under sections 323/503 IPC about an occurrence alleged to have taken place at about 5 P. M. at Chauraha Tundla. ON 30-11-1984 at 1.45 A. VA. Anil Kumar son of Rajendra Kumar also lodged a report against Mahendra Kumar and others about the incident alleged to have taken place on 29-11-1984 at about 5 P. M. These reports contained versions, one given by the petitioners and the other by opposite party no. 2 with regard to the incident which had taken place on 29-11-1984 as a result of a civil litigation between them.

(3.) THE order passed by the Special Judge under revision has been challenged on the following grounds : 1. That the allegations made in the report are patently absurd and inherently improbable so that no prudent person can reach a conclusion that there was sufficient ground for proceeding against the accused. 2. In view of the statements on record, no case against the applicants is made out, and the entire proceedings which have been initiated, are malicious and with ulterior motive. 3. THE Special Judge had no jurisdiction to record statement of the witnesses under Sections 200 and 202 CrPC and as this evidence has been taken into consideration, the Special Judge was influenced on extraneous considerations in summoning the petitioners to put in appearance for trial. 4. Lastly the impugned order has been passed mechanically and without application of judicial mind.