YUNUS Vs. STATE

JUDGEMENT

(1.) THIS petition in revision has been filed by one Shri Yunus son of Mohammad Sahmad.

(2.) IT appears that there were cross cases under Sections 107/117 Criminal P. C. One party was headed by Yunus and the other by Najeebullah. The proceedings which was stated against Najeebullah were against Najeebullah and 18 other persons while the proceeding which was started against Yunus was against Yunus and five other persons. Daring the course of those proceedings on the 29th March 1968, an application was moved on behalf of Najeebullah to add 16 parsons more in the party of Yunus and to proceed against those additional persona also under Sections 107/117, Criminal P. C. A report in respect of the persons sought to be added was submitted by the Sub-Inspector indicating that there was no apprehension of breach of peace from the persons sought to be imploded. It was brought to the notice of the Court on behalf of Najeebullah that the police was acting with partiality in favour of Yunus and that a report be obtained from the Circle Officer. The Circle Officer reported that there was apprehension of breach of peace and that it was proper to proceed against those persons also, who were sought to be joined in the proceedings. The Circle Officer directed the Station Officer to make report against those persons also as a result of which the Station Officer made a report on the basis of the directions of the Circle Officer. On 16th August, 1967, learned Magistrate made an order purporting to be under Section 112, Criminal P. C. and directing notice to issue against those persons also. It is that order of the learned Magistrate, which is questioned by means of the revision petition under consideration.

(3.) AGAINST the order of the learned Magistrate, a petition in revision was filed before the District Magistrate Varanasi. That application in revision was, however, dismissed by the Additional District Magistrate (Judicial) Varanasi.