- (1.) SURYA Prasad, J. This is a criminal revision against the order dated 15-3-1989 passed by the Judicial Magistrate I, Jaunpur in Criminal Case No. 333 of 1987 summoning the revisions under Sections 344/347/348/365/368/467 and 466, I, P. C. on the basis of the complaint filed by the opposite party No, 2 Vijay Kamar Singh.
(2.) I have heard the learned counsel for the parties and have gone thro ugh the record. The facts of the case have been vividly mentioned in the impugned order. There does not appear any necessity to repeat the same. The learned counsel for the revisionists has argued that the learned Magistrate has not passed any order on the final report submitted by the police. His contention is not sustainable because the final report has been submitted by the police not in the instant complaint case, but in a different court in a diffe rent case initiated on the basis of the first information report lodged by a diffe rent person.
(3.) THE learned counsel for the revisionists has further argued that the learned Magistrate has not complied with the provisions of Section 202, Cr. P. C. This contention has no substance. THE learned Magistrate has perused the complaint and the statements of the witnesses examined. He has applied his mind to find out whether a prima facie case is made out against the revi sionists or not. The learned counsel for the revisionists has also argued that a civil suit is pending for the cancellation of the impugned sale-deed itself and there fore, it is the civil court and not the criminal court which can decide the cont roversy involved in the case It is needless to mention that the fact of a case depends upon the facts and circumstances involved therein. If the contention of the learned counsel for the revisionists is found by the Magistrate to be correct, the revisionists will be discharged or ultimately acquitted, as the case may be, in the event of no evidence being found in support of the complaint. It is for the learned Magistrate to pass such order and not for this court and that too in a revision the scope of which is very limited.;