- (1.) Heard the learned counsel for the petitioners and the learned A.G.A.
(2.) The present writ petition has been filed under Article 226 of the Constitution of India for issuance of a writ of certiorari quashing the order dated 27-8-2004 passed by Sessions Judge, Ghazipur in Criminal Revision No. 332 of 2004 and order dated 5-4- 2004 passed by the C.J.M. Ghazipur in Criminal Case No. 1412/2004 which are Annexure Nos. 9 and 10 to the writ petition.
(3.) The brief facts, giving rise to this writ petition, are that on an application under Section 156(3) Cr.P.C. a report was lodged at police station Zamania who investigated the case and submitted a charge-sheet under Sections 323/506, IPC and in the said charge-sheet the Chief Judicial Magistrate considered police papers and found that there was sufficient evidence for taking the cognizance, consequently issued summons to the accused-petitioners vide its order dated 5-4-2004. The petitioners filed a Criminal Revision No. 332 of 2004 before the Sessions Judge, who. after hearing, dismissed the same at the admission stage itself, holding that the order summoning the accused is not a case decided and is an interlocutory order. He also observed that revision was not maintainable and there was no need for summoning the lower Court record.;