C.P.Mishra, J. - (1.) Heard learned Counsel for the revisionists, learned A.G.A. and perused the record. This criminal revision has been filed against the judgment and order dated 24.9.2003 passed by A.C.J.M. IInd Shahjahanpur in Case No. 5879 of 2003, Jayant v. Ashok.
(2.) It is submitted that the investigating officer has submitted the final report after considering the entire evidence and circumstances as such there was no occasion to provide for trial against the revisionists and learned Magistrate at the time of submission of final report issued notice to the complainant it means he was very much satisfied with the evidence collected by the investigating officer but complainant did not turn up. The Court had no option except to accept the final report. The orders of the order sheet shows that the learned Magistrate was satisfied but how the view has been changed is not clear from the order summoning the revisionists. The perusal of final report and the statements recorded by the investigating officer during the investigation of the case it is very much clear that allegations made against the revisionists are baseless and have been made by a third person who has no concern and not even a single parents of the student, have made any complaint in this regard to any one.
(3.) Considering the aforesaid submissions it is evident that learned Magistrate has summoned the accused persons after rejecting final report and no revision has been preferred by the complainant in this connection to challenge the aforesaid order passed by the learned Magistrate in this regard for summoning the accused persons under sections 420, I.P.C. As per first information report (Annexure-4) prima facie the allegation has been made therein for alleged cheating and fraud committed by the accused persons and there is no question of quashing the same. However, considering the facts that arrest of the revisionists has been stayed during the investigation vide Annexure-5. It is directed that if the applicants appear and are prepared to furnish bail bond in case crime No. 5879 of 2003 Jayant v. Ashok , pending in the Court of A.C.J.M. IInd Shahjahanpur, he shall release them on bail on such terms and conditions to be fixed by him. With these observations, the revision is disposed of finally. Revision disposed of accordingly.;