TABHA DEI AND ORS. Vs. DOLGOBINDA SAHU

JUDGEMENT

(1.) THIS revision application is directed against the order of the learned Sub -divisional Magistrate, Kendrapara, rejecting the application under Section 265, Code of Criminal Procedure on behalf of the accused Petitioners and requiring them to appear in Court in person.

(2.) THE Petitioners who are said to be young ladies have been implicated in a case under Section 379, Indian Penal Code on the allegation that on 1 -7 -1971 they forcibly entered into the backyard of the complainant and took away pumpkins worth about Rs. 15/ -. The learned S.D.M. took cognizance of the offence on 3 -7 -1971 and directed issue of summons. Service of summons was by affixture. Order dated 29 -7 -1971 is to the following effect:

(3.) SECTION 205, Code of Criminal Procedure provides,