K. Narayan, J. - (1.) The petitioners have approached this Court for getting the order dated 26.3.1993 rendered by Judicial Magistrate, Jaunpur quashed. This order relates to case Crime No. 48 of 1993.
(2.) The facts giving rise to the present writ petition may be briefly narrated. It appears that a first information report was lodged against these petitioners at the above said crime number under Sections 336, 504, 506, 323 and 427 I.P.C. They moved the court and were admitted to bail. Subsequently on 26.3.1993, the police submitted a report conveying that in view of the report of the Medical Officer, the case was converted into one under Section 308 I.P.C. vide Rapat No. 25 of the G.D. dated 23.3.1993. It was desired that the accused persons be summoned through warrants and arrested for the offence under Section 308 I.P.C. The learned Magistrate directed by the impugned order of the date that the accused persons be summoned through non-bailable warrants. It is against this order that the petitioners have approached this Court for a direction under Art. 226 of the Constitution of India.
(3.) We are inclined to dispose of this petition without any individual notice to the Magistrate or the State as the matter relates to a judicial order, of which a copy is already before us and further more if due notice etc. are given the very purpose of the mischief may stand achieved and the petitioners wronged. Learned Standing Counsel has been heard.;