- (1.) The present writ petition has been filed by the petitioner/complainant with the prayer to issue a writ, order or direction in the nature of mandamus directing the respondents to set-aside the order dated 17.1.2014 passed by the Special Additional District Judge, Ballia in Criminal Revision No. 218 of 2013 (Khursheed Siddiqui and others vs. State of U.P. and one Naeem Khan) under Sections 395, 307, 504, 506 IPC, Police Station Kotwali, District -Ballia.
(2.) It appears that a First Information Report was lodged on 16.3.2012 at about 6.30 p.m. on the application of the informant regarding the incident occurred on 15.3.2012 between 8-9 p.m. at P.S. Kotwali, District-Ballia at Crime No. 130 of 2012. The Investigation Officer after conducting the investigation submitted final report. Against the said final report, the petitioner filed protest petition. The concerned Magistrate rejected the final report and treated the protest petition as complaint and recorded evidence under Sections 200 and 202 Cr.P.C and on the basis of evidence available on record, summoned the accused persons. The accused persons preferred the aforesaid Criminal Revision challenging the summoning order passed by the Magistrate concerned. The revisional court allowed the revision, set-aside the summoning order and directed the Magistrate concerned to hear a fresh on the complaint and to pass appropriate order. It was also directed by the revisional court that if any additional evidence is required in the matter, the same may be taken.
(3.) Feeling aggrieved with the said order, the present writ petition has been filed by the petitioner/ complainant with the prayers mentioned above.;