C.D. Parekh, J. - (1.) This revision has been preferred against the order dated 11 -2 -1971 passed by the IInd Addl. Sessions Judge, Muzaffarnagar.
(2.) It will be convenient to give few facts before I express opinion on the merit of the matter. The Applicants before this Court viz., Bhopal Singh, Shukhbir Singh, Charar Singh and Rajpal Singh, were committed to the court of sessions by order dated 17 -12 -1970 passed by Shri R.N. Srivastava, ADM (J), Muzaffarnagar, committing them for trial for offences Under Ss. 120 -B and 302 IPC. It is stated that they had conspired and committed the murder of one Dilawar Singh, in village Datiana, PS Kotwali, distt. Muzaffarnagar. As it appears from the record, that after the case was received in the court of the Sessions Judge it was transferred to the court of IInd Addl. Sessions Judge, Muzaffarnagar. The Applicants Bhopal Singh and Sukhbir Singh filed an application on 11th of February, 1971, before the IInd Addl. Sessions Judge praying that the committal order passed by the ADM (J) was an illegal order for the grounds given in the application and therefore, a reference be made to this Court for quashing the order Under Sec. 215 Code of Criminal Procedure. It was contended that the trial should not proceed on such an order. The IInd Addl. Sessions Judge, Muzaffarnagar, has passed the impugned order on this application rejecting the prayer, hence this revision has been filed against the said order.
(3.) Two preliminary objections have been taken. The first objection taken from the other side is that the revision is in fact against the order dated 17 -12 -1970 passed by the ADM (J) and since no revision has been filed against that order this revision against the order passed by the IInd Addl. Sessions Judge could not have been entertained under the provisions of Sec. 435 read with Sec. 439 Code of Criminal Procedure. The second objection is that the revision, if any, is barred by the rule of limitation as provided Under Article 131 of the Limitation Act.;