KALYAN Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) This writ petition has been filed by Kalyan and five others with the prayer that suitable directions be issued quashing the judgement and orders dt. 7-4-1989 and 15-12-1989 passed by the magistrate and the 2nd Addl. District and Sessions Judge respectively and to issue further directions so that the applicants are permitted to obtain suitable bail orders concerning Ss.307 and 452 I.P.C. also.

(2.) The facts of the case are that on 3-3-1988 around 12 noon an incident took place when Lal Singh and Harphool were allegedly beaten by the accused. A first information report was consequently lodged under Ss.147, 148, 323, 324 and 307 I.P.C. The accused-applicants appeared before the court and made an application for bail and were bailed out by the orders of the magistrate dt. 23-3-1988 and 30-3-1988. In the meantime investigations were complete and a charge sheet was filed by the Investigating Agency under Ss.147, 148, 323 and 324 I.P.C.

(3.) Lal Singh, therefore, filed a complaint and on being satisfied from the allegations made therein and the statements of the complainant and his witnesses recorded under Ss.200 and 202 Cr. P.C. prima facie offences under Ss.147, 148, 323, 324, 452 and 307 I.P.C. were made out, the magistrate concerned summoned the accused-applicants under those Sections by an order dt. 7-4-1989. The summoning order was challenged by way of revision which has been dismissed by the Second Additional District Judge on 15-12-1989, hence this writ petition.