RAM SWARATH YADAV Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) As the points of law involved in these two revisional applications are identical, I intend to dispose of both the revisional applications by this judgment and order.

(2.) C.R.R. No. 478/02 has been filed by Ram Swarath Yadav and two others under Sections 401/482 of the Criminal Procedure Code (in short Code) praying for quashing the proceeding of complaint Case No. C/649 of 2001 in which the learned Sub Divisional Judicial Magistrate (in short SDJM), Alipore passed prder to start investigation under Section 156(3) of the Code treating the complaint as First Information Report (in short FIR). Though they have prayed for quashing the said criminal proceeding their main grievance is concerning issue of production warrant by the learned SDJM, Alipore in connection with Budge Budge P.S. Case No. 31 dated 7.4.01 which arose out of Case No. C/649 of 2001 seeking his production before the said Court from the Kanpur Correctional Home where he is now lodged under the custody of the learned Metropolitan Magistrate, 4th Court, Kanpur in connection with Niwari P.S. Case No. 58 dated 12.3.01.

(3.) In C.R.R. No. 188/03 the petitioner Bimal Prakash @ Bijoy @ Munna Tewari has filed the revisional application under Section 482 of the Code assailing the order dated 11.10.02 passed by the learned SDJM, Barrackpore in G.R. Case No. 1387/02 arising out of North Bidhan Nagar P.S. Case No. 73 dated 2.6.02 under Section 364 of the Indian Penal Code (I.P.C.) by which tne learned Magistrate issued production warrant seeking his production before him from Benaras Jail where he is now lodged in connection with Dashasamed P.S. Case No. 57 dated 20.3.02 under Section 302 of the I.P.C. and Dashasamed P.S. Case No. 212 dated 25.8.02 under Section 25 of the Arms Act.