RAJESHWAR PRASAD Vs. STATE OF UP

JUDGEMENT

(1.) HEARD Sri Vinod Srivastava, learned counsel for the revisionists and learned A. G. A. for the State and perused the record.

(2.) INSTANT revision has been preferred against the summoning order dated 1-9-2005 passed by Additional Chief Judicial magistrate, Court No. 2, Allahabad in criminal complaint case no. 2702 of 2004 (State v. Rajeshwar Prasad and others), whereby the accused-revisionists have been summoned to face the trial. Order dated 6-1-2006 issuing bailable warrant has also been challenged.

(3.) IN view of the observations made by hon'ble Apex Court in the case of Adalat prasad v. Rooplal Jindal and others (2004 (50) ACC 924) : (AIR 2004 SC 4674) and subramanium Sethuraman v. State of maharashtra and another (2005 (51) ACC 684): (AIR 2004 SC 4711), revision against summoning order is not maintainable, as the Hon'ble Apex Court has held that the only remedy available to the accused against summoning order is to invoke the jurisdiction of High Court under Section 482 Cr. P. C. This Court also in the case of Bhajan Lal and others v. State of U. P. and another (2006 (55) ACC 942) : (2006) 5 All LJ 175 has held that revision against summoning order is not legally maintainable.