RAM SEWAK Vs. STATE OF U P

JUDGEMENT

(1.) C. A. Rahim, J. This revision has been directed against the order dated 25-10-1993 passed by the Additional Chief Judicial Magistrate, Kasiya, district Deoria, in Case No. 5184 of 1993. By that order he took cognizance against the revisionists under Sections 395, 397 and 435, I. P. C.

(2.) SRI Virendra Singh, appearing for the revisionists has submitted that no case under Sections 395, 397 and 435, I. P. C. has been made out. SRI R. B. Tripathi, appearing for the complainant- opposite party No. 2, has submitted that the impugned order being interlocutory order, this Revision is not maintainable.

(3.) IN view of Uma Kant Pandey's case (supra) it is necessary to see whether this Court sitting in Revisional jurisdiction can interfere with the order passed by the learned Magistrate. IN other words it is to be seen whether there is absolutely no point to permit the case to proceed. After going through the impugned order I find that in consequence of a dispute the revisionists armed with lathis, dandas etc. assaulted the complainant. But when the complainant fled away towards his house he was chased by the revisionists and went inside his house. He snatched one golden chain and one ear ring from the person of his eldest daughter-in-law. They also put fire on stack of paddy and straw causing loss of about Rs. 5,000 to the complainant.