STATE OF UTTAR PRADESH Vs. JITENDRA KUMAR SINGH

JUDGEMENT

(1.) The State of U.P. has filed the present revision under section 397/401 of the Criminal Procedure Code, 1973 (for short the Code) against the order dated 15/16 -11 -1984 passed by Munsif Magistrate, Tehri Garhwal under section 239 of the Code in a warrant case by which the opposite parties have been discharged for the offence under Ss.409, 420, 468, 471, 34 and 109 of the Penal Code.

(2.) BRIEF account of the events leading to the present application is that in a warrant case under Ss. 409, 420, IPC. etc. triable by a Magistrate under Chapter XIX (Nineteen) by chance on behalf of the State nobody was present and even though a number of material existed on the record, the order of discharge was passed.

(3.) LEARNED counsel for the opposite parties urged that under section 239 of the Code the impugned order has been passed after perusing relevant records. No ground has been made out for interference in the revisional jurisdiction of this court.