- (1.) This revision has been preferred against the order dated 21.04.2015 passed by the Judicial Magistrate Court No.2, Ballia in Case No. 887 of 2015 (State Versus Satya Narain Yadav) whereby revisionist and 5 others are summoned under Section 216/319 Cr.P.C. for facing the trial under Section 395, 397 I.P.C.
(2.) The facts giving rise to this revision are that FIR was got lodged by respondent no.2, Anita Devi against Satya Narain Yadav and three unknown persons which was registered as Case Crime No. 244 of 2013 under Section 458 I.P.C. After concluding the investigation, Investigating Officer submitted charge sheet therein under Section 458 I.P.C only against accused Satya Narain and trial commenced in the Court of learned Magistrate as it was a case triable by Magistrate. On behalf of prosecution Anita Devi, first informant was examined as PW-1 while her daughter Kumari Kiran was produced as PW-2. Both the witnesses disclosed that about 15 accused persons were involved in the incident, out of them 07 others including revisionists were identified. An application under Section 216, 319 Cr.P.C. was also moved on behalf of prosecution to summon the remaining accused persons for facing trial along with Satya Narain. Learned Magistrate allowed the application vide impugned order dated 21.4.2015. Considering the number of accused persons and evidence of witnesses adduced, he also converted the case from Section 458 I.P.C. to Section 395/397 I.P.c.
(3.) Feeling aggrieved with that order, this instant revision has been preferred. I have heard learned counsel for the revisionist, learned A.G.A. for the State, gone through the impugned order too and the record available before me.;