HARBHAJAN SINGH Vs. STATE OF U P

JUDGEMENT

(1.) I. M. Quddusi, J. Heard the learned Counsel for the parties.

(2.) THE present petition under Section 482, Cr. P. C. has been died challenging the prosecution of the applicants in Com plainant Case No. 6 of l995,jax\inder Kaur v. Harbhajan Singh and another under Sec tion 405/406, I. P. C. Police Station Kemri district Rampur on which the applicants have been summoned by the learned Magistrate vide order dated 25-1-1995. THE applicants preferred a revision against the summoning order as Criminal Revision No. 19 of 1995 before the Sessions Judge, Ram pur which was dismissed on 26-4-95 holding that the revision was not maintainable as the order was an interlocutor)' one and the accused should have appeared before the Magistrate and contended that the process should not have been issued as there was no sufficient ground to proceed in the matter and that the complaint should be dismissed. THE applicants thereafter filed objections and the learned Magistrate passed an order dated 17 10-95 rejecting the objection and confirming the earlier order dated 25-1-95.

(3.) IN view of the above observations the petition lacks merits and is hereby dis missed. However, it is made clear that none of the observations made above shall be taken into consideration by the learned court below while deciding the case on merits. Petition dismissed. .