- (1.) Vakalatnama filed by Sri Ram Babu Sharma on behalf of the complainant is taken on record.
(2.) This writ petition has been filed with a prayer to quash the order dated 22.7.2011 passed by Sessions Judge, Bulandshahr in criminal revision no.294 of 2011 as well as order dated 25.11.2010 passed by Chief Judicial Magistrate, Bulandshahr in criminal case no.10765 of 2010 State Vs. Ram Kumar Gupta & others under sections 307, 323, 452, 504, 506, 120-B IPC, Police Station Kotwali Nagar, District Bulandshahr.
(3.) On the basis of application under section 156 (3) Cr.P.C. filed by respondent no.2, the matter was investigated by the police on the directions of the Magistrate and after investigation, final report was submitted by the police. On a protest petition filed by the complainant, the Magistrate rejected the final report and took cognizance of the offence under section 190 (1) (b) Cr.P.C. and summoned the petitioners to face trial under sections 307, 323, 452, 504, 506, 120-B IPC vide order dated 25.11.2010. Feeling aggrieved, the petitioners preferred criminal revision no.294 of 2011, which was dismissed by Sessions Judge, Bulandshahr on 22.7.2011 on the ground that in view of Raj Bali and others Vs. State of U.P. and another,2007 2 JIC 384 and Subramanium Sethuraman Vs. State of Maharashtra,2005 51 ACC 684, it was held that the the revision against the summoning order was not maintainable and the only remedy available to the accused was to file an application under section 482 Cr.P.C. Therefore, the revision was dismissed as not maintainable.;