MOHAN Vs. STATE OF U P

JUDGEMENT

(1.) V. P. Mathur, J. This criminal revision is directed against the judgment and order passed on 26-6-1987 by Shri R. R. Jatav, Additional Sessions Judge, Lalitpur. The learned Judge was disposing of Criminal Revision No. 112 of 1986 which was filed before him against the judgment and order dated 18-7-1986 passed by the Chief Judicial Magistrate, Lalitpur in Criminal Case No. 208 of 1981 (Mohan v. Ram Saran and Ors. ).

(2.) THE proceedings started on a criminal complaint filed on 3-5-1984 by the applicant against the opposite parties and four others. THE Chief Judicial Magistrate of Lalitpur summoned them. THEse persons surrendered in courts and file4 their bail bonds to obtain bail. THEn an application was moved to the effect that there was a bar of Section 197 of the Code of Criminal Proce dure, and the case could not proceed. At the time when ,the cognizance of this case was taken, the learned Chief Judicial Magistrate held of his own accord, vide his order dated 3-5-1984 that there was no bar of Section 197, Cr. P. C. to these proceedings. At that stage, however, the present opposite parties Nos. 2 and 3 were not parties to the matter. THEy had not yet been summoned. THEy are only summoned after the passing of the order dated 3-5-1984. THErefore, the learned Magistrate's order dated 3-5-1984 which was only passed on prima facie persual of the record, could not amount to estoppel against the present opposite parties Nos. 2 and 3 and could arise the plea of bar of Section 197 of the Code of Criminal Procedure when they were summon ed and when they appeared in court and the proceedings started against them. THEy did arise that point. THE learned Magistrate, however, came to the conclusion that since he had already disposed of the matter on 3-5-1984 it was not possible for him to reverse his finding and record another finding. A revision was filed being Criminal Revision No. 113 of 1986 and it was allowed by the learned Additional Sessions Judge of Lalitpur, who held that the case was barred by the provisions of Section 197 of the Code of Criminal Procedure.

(3.) THE revision has thus no force and is hereby dismissed. Revision dismissed. .