SHRI KANT TRIPATHI,J. - (1.) HEARD Mr. O.P. Singh, the learned senior counsel for the petitioner and the learned AGA for the respondent no.1 and perused the record.
(2.) THIS is a writ petition under article 226 of the Constitution of India for quashing the order dated 28.4.2010 passed by the Chief Judicial Magistrate, Bareilly (Annexure no.14) and the order dated 18.6.2010 passed by the Incharge Sessions Judge, Bareilly (Annexure no.16). It appears that the respondent no.2, Mahesh Yadav, filed a criminal complaint against the petitioner in the court of Chief Judicial Magistrate, Bareilly, which was registered as complaint case no.1287 of 2008. The learned Chief Judicial Magistrate examined the complainant under section 200 CrPC and also recorded the statements of PW-1 Ajay Kumar and PW-2 Hori Lal. Copies of the sale deed dated 30.7.1999 and other relevant documents were also produced by the respondent no.2. The learned Chief Judicial Magistrate found that there were sufficient materials to make out a prima facie case against the petitioner under sections 420, 467, 468 and 471 IPC. Accordingly, he passed the summoning order dated 28.4.2010 against the petitioner. The criminal revision no. 238 of 2010 preferred by the petitioner was dismissed by the Incharge Sessions Judge on merit and also on the ground that the revision was not maintainable.
(3.) IN view of the fact that the learned Sessions Judge had dismissed the revision on merit, the question regarding the maintainability of the revision against the summoning order has no relevance in the present matter, therefore, it seems to be just and expedient to consider the case on merit.;