- (1.) B. P. Singh, J. This is an application for revision against the judgment and order dated 26. 8. 87 passed by Sri Rakesh Dutt, Vth Additional Sessions Judge, Mathura in Criminal Revision No. 107 of 1967 (Ramesh Chand Sharma and others v. State of U. P and another ).
(2.) THE facts leading up to this application for revision may briefly be stated as follows. On 12. 4. 84 Dr. Shiv Shankar Upadhyaya had filed a complaint against Sri Ramesh Chand Sharma and 7 others under Sections 420/468/471 and 120-B I. P. C. in the court of C. J. M. , Mathura. Statement of complainant was recorded on 20. 4. 64 while the witnesses under Section 202 Cr. P. C. were examined on 1-6-84. Another witness was examined under Section 202 Cr. P. C. on 28. 6. 84. Thereafter the learned Magistrate asked the Police Station concerned for a report in the matter. This report was received on 5. 9. 84. Thereafter the learned Magistrate passed an order under Section 204 Cr. P. C. on 5. 10. 84 summoning the accused in the case. The accused, Ramesh Chand Sharma and others, went in revision and their revision application (Criminal Revision No. 226 of 1984) was allowed by IV Additional Sessions Judge, Mathura on 27. 3. 85. By this judgment and order dated 27. 3. 85 the im pugned order dated 12. 10. 84 summoning Ramesh Chand Sharma and others was set aside and the case was remanded back to the Magistrate concerned for proceeding in accordance with law in the light of the observation made in the body of judgment. In the body of the judgment learned Sessions Judge had observed that when both the parties are claiming the disputed property as rightful persons, no criminal intent can be inferred there any side.
(3.) AFTER receiving the file back from the court of Sessions Judge, the learned Magistrate recorded statements of the witnesses i. e. P. W. 4 and P. W. 5 on 18. 6. 85 unde Section 202 Cr. P. C. on 11. 6. 87 the learned C. J. M. again passed an order under Section 204 Cr. P. C. summoning the accused persons. Ramesh Chand Sharma and others again filed a revision and their application for revision (Criminal Revision No. 107 of 1987 Ramesh Chand Sharma and others v. State of U. P and another) was allowed by Sri Rakesh Datt, Vth Additional Sessions Judge, Mathura on 25. 8. 87. Through this judgment and order dated 25. 8. 87 learned Sessions Judge again set aside the summoning order passed by the C. J. M. under Section 204 Cr. P. C. and remanded back the case to the trial court with the directions that the learned Magistrate was to record reasons in brief for summoning the accused persons in the case. It is against this judgment and order that the complainant Dr. Shiv Shankar Upadhyaya has filed the present application for revision.;