BHAGAT SINGH Vs. FORAN SINGH

JUDGEMENT

(1.) This is a revision under sections 397/401 of the Code of Criminal Procedure, 1974, (for short the Code), with a prayer that the order dated 10-7-86 passed by the Special Judge (Dacoity Affected Area). Agra, issuing process against the applicants in a case under section 395 I.P.C., may be set aside.

(2.) It appears that after the P.I.R. was lodged, the police investigated the case under section 395 of the I.P.C., against the applicants and submitted a Final Report. Thereafter a protest petition was filed and some witnesses were examined and their statements were recorded under sections 200 and 202 of the Code. Apart from other witnesses, principally three witnesses, ilel Bishambhar Singh, Sahab Singh and Danodar Singh supported the complainant case and they had also earlier filed affidavits. The Special Judge (Dacoity Affected Area), Agra after considering the aforesaid statements was of the view that a prima facie case for taking cognizance and issuing process was made out. Consequently, cognizance was taken and process issued fixing 6-8-86 for appearance of the applicants. Against that order the present revision has been filed.

(3.) Learned counsel for the applicant urged that as it was a case triable exclusively by the Court of Sessions and was covered by the provisions of U.P. Dacoity Affected Areas Act, 1973, (for short the Act), hence all the prosecution witnesses must have been examined and the second Proviso to section 202 was mandatory, which was to the effect that the Magistrate shall call upon the complainant to produce all his witnesses and examine them on oath. It was accordingly urged that the order issuing process against the applicant under section 204 of the code was illegal.