Chandra Prakash, J. - (1.) THIS is a reference made by Sri M.M.H. Siddiqui, Civil and Sessions Judge, Basti, by his order dated 5 -9 -1972 in the following circumstances.
(2.) ONE Mohan Pandey filed a complaint against 50 Applicants. The allegations in the complaint were that the 50 Applicants committed offences Under Sections 147, 148, 323, 307 and 395 IPC on 7 -10 -1971 at about 9.10 A.M. The complaint was filed on 1 -11 -1971 in the Court of III Munsif Magistrate, Basti. A FIR lodged by the complainant was also filed. The Magistrate directed that the statements Under Sections 200 and 202 Code of Criminal Procedure will be recorded on 4 -11 -1971. The case could not be taken on that date. It was however taken on the following day and on that date the statement of the complainant Mohan Pandey Under Section 200 Code of Criminal Procedure was recorded. On the same day the statement of another witness Ram Phal Under Section 202 Code of Criminal Procedure was recorded. After recording these two statements the Magistrate passed the following order: Read the statement Under Sections 200 and 202 Code of Criminal Procedure. The case requires investigation by the Police. Send it to the S.O. Dhebaruwa for investigation. Compliance within two months. Report by 5 -1 -1972. The above order was sent to the police on 10 -11 -1971. But it appears that no police report came. The complainant complained to the Magistrate against the inaction of the police and prayed that the accused be summoned. It appears that by his order dt. 1 -12 -1971 the ADM (J) transferred the case to the court of Sri S.B. Vaish. Sri S.B. Vaish gave another month to S.O. Dhebaruwa to submit his report. This order does not appear to have been communicated to the S.O. Dhebaruwa. No report was received from the police station Dhebaruwa. On 5 -2 -1972 Sri S.B. Vaish passed the following orders: No report has come from P. Section Dhebaruwa till now. In absence of the report no alternative but to summon the accused is open to the court. Issue summons to the accused Under Section 395 IPC as from the evidence adduced by the complainant a prima facie case Under Section 395 IPC is maintainable against the accused. Fix 13 -3 -1972 for appearance. Issue a notice to S.O. Dhebaruwa Under Section 485(A) of the Code of Criminal Procedure for the disobedience of the court.
(3.) AGAINST the above order the accused Applicant filed an application in revision. After hearing the parties the court below has made a reference. The order summoning the accused should be quashed.;