DEEP CHAND Vs. ABDUL GAFOOR

JUDGEMENT

(1.) THIS revision is directed against an order dated 24-11- 1977 passed by Additional Sessions Judge, Ballia, confirming the order passed by Munsif (West) and Magistrate I Class, Ballia summoning the applicants under Section 190 CrPC in a case under Section 379 IPC.

(2.) ON 16-4-1973 one Sri Abdul Gafoor filed a report against the applicants at PS Sikandarpur accusing them of having committed theft of his property. ON the basis of the report a case under Section 379 IPC was registered against them. The police, however, submitted a final report in that case. It appears that while that final report was still pending disposal, Abdul Gafoor gave an application in the Court of Munsif (West) Magistrate Ballia that he be heard before any final order was passed on that final report. The learned Magistrate perused the case diary submitted along with the final report and feeling satisfied that a prima facie case was made out against the applicants, summoned them under Section 190 CrPC. Feeling aggrieved with this order of the learned Magistrate, the applicants went up in revision but in vain. Hence the present revision.