- (1.) This criminal revision has been preferred under section 397 and 401 Criminal Procedure Code, 1973 (in short Cr.P.C.) against the order dated 13.03.2008 passed by learned Chief Judicial Magistrate, Ghazipur, in Criminal Case No. 5049 of 2006, under Sections 419, 420, 467 and 120-B Indian Penal Code (in short I.P.C.), P.S. Jangipur, District Ghazipur whereby learned Magistrate has recalled the order dated 30.1.2008 passed by him.
(2.) Brief facts relating to this revision are as follows :- (i) Criminal complaint case no. 1086 of 1996, under Sections 419, 420, 467 and 120-B I.P.C., P.S. Jangipur, District Ghazipur has been filed by one Sri Chandra Dev on 10.12.1996, which was registered on the same day. (ii) On 1.1.1997 revisionist accused persons have been summoned to face their trial under Sections 419, 420, 467 and 120-B IPC, fixing 25.9.1997 for further orders. (iii) Revisionist opposite parties have filed an application for setting aside the summoning order dated 17.9.1997 which was allowed vide order dated 14.5.1998 and summoning order dated 17.9.1997 has been set aside. (iv) Against the order dated 14.05.1998, criminal revision no. 180 of 1998 has been filed before the Sessions Judge, Ghazipur which was allowed vide order dated 26.7.2004, passed by first Additional Sessions Judge, Ghazipur. (v) Against aforementioned order passed by first Additional Session Judge, Ghazipur, revisionists accused persons have filed a petition no. 1065 of 2008 (Omkar Lal vs. State of U.P. and others) under section 482 Cr.P.C. which was disposed of vide order dated 1.12.2005 whereby learned trial court was directed to conclude the trial expeditiously. (vi) March, 10th 2006 was fixed for evidence under Section 244 Cr.P.C., subsequent to that so many dates have been fixed for above purpose but no evidence has been produced by the complainant and ultimately on 30.01.2008 order was passed for closing of evidence under Section 244 Cr.P.C. (vii) On the same day i.e. 30.01.2008 application 76-B has been filed by the opposite party no.2 for providing opportunity of evidence, against which objection 78-B has been filed. After hearing the parties on the application and objection, application 76-B was allowed vide impugned order dated 13.03.2008.
(3.) Hence this revision.;