LAWS(ALL)-1996-11-84

OM PRAKASH GARG Vs. HAKIM RAI

Decided On November 24, 1996
OM PRAKASH GARG Appellant
V/S
HAKIM RAT, S.H.O., THANA HATHRAS, ALIGARH Respondents

JUDGEMENT

(1.) HEARD learned counsel for the revisionist and learned A.GA for the State.

(2.) PERUSED the impugned order passed by the Vth Addl. Sessions Judge in Criminal Revision No. 73/82 setting aside the order of Judicial Magistrate, P.S. Hathras, District Allgarh. Learned counsel for the revisionist has pressed the point that the order of summoning the accused for trial passed by Munsif Magistrate could not have been disturbed by the revisional court. Further grounds is that the revisional court has gone into merit of the evidence which is also not to be looked into by the revisional court. On these two grounds he assailed the impugned Judgment of the Addl. Sessions Judge reversing the order of Munsif Magistrate.