SATISH TYAGI Vs. RADHA KRISHNA TYAGI

JUDGEMENT

(1.) THIS revision is for impugning the order dated 7th March, 2006 passed by Sessions Judge, Gwalior in criminal revision no. 65/06 whereby the learned Judge has affirmed the order dated 28-2-06 passed by the JMFC, Gwalior in a case instituted on a private complaint filed by the petitioner against the respondent Nos. 1 to 4, by which the learned Magistrate has directed the complainant to deposit the diet money and travelling expenses of the witnesses, requested to be summoned by him.

(2.) IT is submitted by Shri Pathak that with regard to an incident happened on 18-7-05 petitioner lodged a report at police station, Gwalior on which crime No. 551/05 was registered for the offence punishable under Sections 452, 323, 506/34 and 294 of I. P. C. During investigation, injured died. Despite this fact, police filed challan for the aforementioned offences without adding the offence of murder under Section 302 of I. P. C. Therefore, the petitioner was compelled to file the complaint. During enquiry, under chapter XV of Cr. P. C. petitioner filed one application dated 6-1-06 for calling his witnesses, on which the learned Magistrate directed the petitioner to deposit the diet money and travelling expenses of the witnesses vide order dated 28-2-06. Feeling aggrieved, the petitioner filed the revision petition before the Sessions Judge and vide impugned order dated 7th March, 2006, the learned Judge has affirmed the order passed by the learned Magistrate.

(3.) THE impugned order has been assailed by Shri Pathak on the ground that in all non bailable cases diet money and travelling expenses are to be borne by the State, as provided by Rule 558 of Rules and Orders criminal issued for the guidance of the criminal Courts. In support he has further drawn attention on an order of this Court passed in Mohar Singh v. State of M. P. , 1992 (II) MPWN 43.