DEVESHWARI DEVI Vs. STATE OF U P

JUDGEMENT

(1.) S. K. Jain, J. Heard Sri Ram Mohan, learned Counsel for the applicants and Sri Vivek Kumar Birla, learned Counsel for the opposite party No. 2.

(2.) SINCE the identical controversy is involved in these two applications under Section 482, Cr. P. C. these were heard together and are being decided by common judgment and order.

(3.) THE investigating officer, during investigation, after recording the statements of the witnesses, submitted the final report in the matter on 8-7-2005. Opposite party No. 2 filed a protest petition No. 400/11 of 2005 on 29-11-2005 before the learned Magistrate. THE learned Magistrate, after considering the protest petition, treated the same as complaint and fixed 16-5-2006 for statement of the complainant under Section 200, Cr. P. C. This order was passed on 21-4-2006 by the learned Magistrate. Opposite party No. 2, being dissatisfied with the order of the learned Magistrate dated 21-4-2006, preferred a criminal revision No. 222 of 2006, Lt. Col. Mukul Dev v. State of U. P. THE revisional Court vide its judgment and order dated 4-10-2006 remanded the matter with the direction to the learned Magistrate that the case may be treated as State case and the learned Magistrate may reconsider the matter in the light of observations made by the revisional Court in the body of its judgment. THE learned Magistrate, after receiving the copy of the judgment of the revisional Court, passed the order dated 23- 11 -2006 and summoned the accused persons, who are applicants in this case.