RAJ NARAIN Vs. STATE

JUDGEMENT

(1.) THIS revision is directed against the order dated 25-7- 1972 passed by the Judicial Magistrate, Robertsganj under Section 190 (1) (c) CrPC summoning the applicant under Section 382 IPC. Cr. Revision No. 68 of 1972 was filed against this order which was dismissed by the First Temporary Civil and Sessions Judge, Mirzapur. THIS second revision was then filed under the Old CrPC on 20- 9-1977. I had heard this revision ex- parte and dictated an order. Before that order could be signed, Dr. Dwivedi, learned counsel for the applicant appeared and moved an application for being heard. It was, therefore, ordered that the judgment dictated by me may not be signed.

(2.) DR. Dwivedi has now been heard. Sri D. N. Misra, learned Deputy Government Advocate is also present.

(3.) IN the result the revision is allowed and the orders of the Magistrate dated 25-7-1972 summoning the accused and the First Temporary Civil and Sessions Judge dated 26-5-1973 in revision No. 68 of 1972 are set aside. Revision allowed.