- (1.) S. R. Bhargava, J. Smt. Ram Janki loged F. I. R. against revisionists Jagdish Narayan Tiwari and Shyam for offence of rape under Section 386 I. P. C. case was investigated and it appears that statements of Ram Janki was recorded u/s 164 Cr. P. C. Smt. Ram Janki was subjected to medical examination. Investigating Officer submitted final report and dis believed the story of Ram Janki on the ground that she was not supported by medical evidence or the witnesses. Investigating Officer was further of the opinion that Ram Janki lodged false F. I. R. Hence he submitted charge-sheet for offence u/s 182 Cr. P. C. against Ram Janki.
(2.) THEN it appears that Ram Janki filed protest petition, Magistrate recorded state ments of Ram Janki and her witnesses Punni and Ram Baboo on oath. He replied upon the statement of Ram Janki u/s 164 Cr. P. C. and her statement alongwith statements of two witnesses recorded by the Magistrate. He concluded that there is sufficient material to proceed further against the revisionists. Hence he summoned the revisionists. It is evident that the Magistrate proceeded with protest petition as complaint case. He had jurisdiction to take cognizance u/s 190 (1) (a) Cr. P. C. At this stage evidence can not be resurrected or weighed. There was material for constituting prima facie case and Magistrate had jurisdiction to summon the revisionists. It is however, evident that the revisionists were never arrested and they had been summoned by the Magistrate u/s 204 Cr. P. C. Already final report has been submitted against them. Considering all this, I direct the Magistrate that in case the revisionists voluntarily appear before him they should not be taken into custody until they are committed to Sessions. Awaiting commitment they should be required only to furnish bonds with or without sureties as laid down in Section 88 Cr. P. C. Learned Magistrate shall take care to commit the revisionists in the early part of the day, say at 11 or 11. 15 a. m. so that revisionists may aply for bail to Sessions Judge on the same day and in that event the Sessions Judge shall dispose of the bail application of the revisionists on the same day. In case revisionists are committed to Sessions Cross case against Ram Janki u/s 182 I. P. C. shall also be committed to Sessions so that both the cases may be tried simultaneously by the same Sessions Court.
(3.) WITH the above directions and observations revision is disposed of finally. A copy of this order be issued to the revisionists counsel on payment of usual charges wi thin 48 hours. Revision dismissed. .;