Har Vilas and Ors. vs State of U.P.& Anr.

Palok Basu, J.

This revision is directed against the order of the Judicial Magistrate I, Badaun dated 28th March, 1990 wherby he has summoned the applicants Harvilas, Naresh and Chhotey Lal under Sections 323, 324/34 and 506, I.P.C. It appears that Ravindra Singh had filed a complaint under these Sections and then examined himself as complainant under Section 200, Cr. P.C. and further examined Ram Singh and Sohan Pal Singh and his witnesses under Section 202, Cr. PC. He has further filed copy of the F.I.R. as also of the injury report. In view of these materials it cannot be said that the order impugned in this revision suffers from any illegality or there was any error in the procedure excepted by the Magistrate. This revision therefore, lacks merits.

Sri Anil Srivastava then argued that the applicants are prepared to voluntarily surrender before the Magistrate concerned and in case they are arrested and detained for long they will suffer irreparable loss.

In view of this argument it is hereby directed that in case the applicants Harvilas, Naresh and Chotey Lal are arrested and produced before the Magistrate concerned regarding case No. 1289 of 1989 of the Court of Judicial Magistrate I, Badaun or surrender before it and make an application for bail, the said application shall be disposed of in accordance with law on the day it is moved.

With the aforesaid observations this revision is dismissed. A certified copy of the order may be furnished to the learned Counsel for the applicants on payment of usual charges within three days.

Revision dismissed.