H.C.P. Tripathi, J. - (1.) This revision is directed against the order dated 25 -7 -68 passed by Sri Lajja Ram, Magistrate 1st Class, Shikohabad directing that "the case shall proceed in accordance with the provisions laid down u/S. 207 -A CrPC and not in the manner provided u/S. 208 CrPC. The facts which are relevant to the question in controversy are these. One Rajendra Singh lodged a first information report with the police at 4.05 p.m. on the 6th September, 1967, alleging therein that on that morning he was ambushed by the revisionists, one of whom Deputy Singh was armed with a pistol, Hakim Singh with a Kanta and Hukum Singh with a spear. Deputy Singh fired a shot injuring his left leg. On the basis of his report a case was registered but after investigation the police submitted a final report in accordance with S. 169 of the Code.
(2.) The ADM (J) rejected the final report and summoned the revisionists for trial but transferred the case to the file of the Judicial Magistrate, Mainpuri. The Judicial Magistrate, Mainpuri ordered the case to proceed u/S. 208 CrPC. The case was, however, transferred from his court to the court of Sri Lajja Ram who had passed the impugned Order. The Temp. Civil and Sessions Judge upheld the order of the Magistrate hence this revision.
(3.) I have heard the learned counsel for the parties.;