RAM BABU RASTOGI Vs. STATE OF U.P.

JUDGEMENT

(1.) This revision has been filed challenging the order dated 20.7.84 passed by Metropolitan Magistrate Nazirabad, Kanpur summoning the witnesses under Sec. 311 Cr. P.C.

(2.) I have heard Sri Tapan Ghosh, learned counsel for the revisionist and learned Additional Government Advocate.

(3.) A perusal of the ground of the revision would show that the impugned order was challenged on the ground that the prosecution evidence was closed and, therefore, the Magistrate had no jurisdiction to review the order and reopen the case in exercise of the powers under Sec. 311 Cr. P.C.