- (1.) Heard learned counsel for the revisionist and learned AGA and perused records.
(2.) This revision has been filed against the judgment and order dated 24-01-2004 passed by Addl. Sessions Judge, Court No.-10, Aligarh in Criminal Revision no.50/ 2003 Rakesh & Others vs. State of U.P. & Another, by which revision against summoning order dated 25-11-2002 passed by Judicial Magistrate, Court No. 8, Aligarh in Complaint case no. 2112/ 2002 (registered on protest petition against final report in case crime no. 2849/ 2001 section 364 IPC, p.s. Tappal, Aligarh) was allowed, and matter was remanded for reconsideration of matter and proceed in accordance with law.
(3.) In complaint case filed for offence u/s 364 CrPC complainant examined himself u/s 200 CrPC and three witnesses u/s 202 CrPC. Then Magistrate Court had passed summoning order dated 25-11-2002 for offence u/s 364 IPC for eight accused persons. This order was challenged in Criminal Revision no.50/ 2003 Rakesh & Others vs. State of U.P. & Another which was allowed by impugned order dated 24-01-2004 passed by Addl. Sessions Judge, Court No.-10, Aligarh.;