AKHTAR HUSAIN KHAN,J. - (1.) Present revision has been filed by revisionist Jitendra Pal Singh under section 397/401 Cr.P.C. against the judgement and order dated 24.1.2012 passed by learned Additional Sessions Judge, Court No.19, Aligarh in Criminal Revision No.817 of 2011 (Rajpal Singh and another v. State of U.P. and another).
(2.) By the impugned order, learned Additional Sessions Judge, Court No.19, Aligarh has allowed the said revision filed against order dated 11.11.2011 passed by learned Additional Chief Judicial Magistrate, Court No.1, Aligarh in Case No.140/12/2010, whereby learned Additional Chief Judicial Magistrate has rejected final report filed by the police in Crime No.207 of 2010, under Section 307 I.P.C. and summoned Rajpal Singh and Banti alias Bhanu Pratap Singh for offence punishable under section 307 I.P.C. Learned Sessions Judge vide his impugned order dated 24.1.2012 set aside the order of Additional Chief Judicial Magistrate and remanded the matter to learned Additional chief Judicial Magistrate for passing fresh order in the light of his views expressed in his impugned judgement and order. Therefore, complainant Jitendra Pal Singh has preferred this revision before this Court against impugned judgement and order dated 24.1.2012 passed by Additional Sessions Judge with prayer to set aside it.
(3.) I have heard learned counsel for the revisionist and learned A.G.A. I have perused affidavits filed by parties.;