(1.) RAJESHWAR Singh, J. This is an application under Section 482, Cr. P. C.
(2.) THE facts are that one complaint was filed under Sections 379 and 427 I. P. C. THE learned Magistrate recorded statements under Sections 200 and 202 Cr. P. C. THEse statements disclosed commission of an offence but after making some discussion the learned Magistrate dismissed the complaint under Section 203, Cr. P. C. THE complaint went in revision to the Sessions Court. THE Sessions Court observed : "i am of the view that the learned Magistrate ought to have decided the question of summoning the accused persons only on the available evidence whether it was sufficient to summon the accused persons. THE mandate of the law under Section 202 does not necessarily imply that the unassailed testimony of the witness should not be taken into consideration and should be discarded on the mere flimsy grounds or on the grounds that would have been taken subsequently only when the accused persons could have been tried. "
(3.) THE only argument of the applicant is that the Sessions Court ordered further inquiry and directed the Magistrate to proceed afresh ; so the Magistate could not summon the accused on the same evidence without recording further evidence.