BABU RAM Vs. STATE OF U P

JUDGEMENT

(1.) THIS revision is directed against an order dated 29th April, 1976 passed by Additional Sessions Judge, Bulandshahr in a case arising out of complaint filed against the ap plicants under Sections 436, 504 and 506 IPC.

(2.) O. P. No. 1 (Prem Pal) filed a complaint aginst the applicants under Sections 436, 504 and 506 IPC. On 4th August, 1975 the Magistrate took evi dence under Section 202 CrPC and sum moned the applicants for trial under Section 436 IPG fixing 1st November, 1975 for their appearance. On 1st Nov ember, 1975 O. P. No. 1 did not appear in Court. It was also brought to the notice of the Court by the office that O. P. No: 1 had not taken steps for sum moning the accused applicants. The Magistrate, therefore, dismissed the complaint under Section 204 CrPC. O.P. No. 1 went up in revision and his revi sion was allowed by Additional Sessions Judge, Bulandshahar, vide order dated 29th April, 1976. Though this order, dated 1- 11-1975 passed by the Magistrate dismissing the complaint was set aside and the Magistrate was directed to proceed with the case from the stage on which order dated 4th August, 1975 was passed. The applicants felt aggrie ved with this order and have now come up in revision to this Court.