K.N.Sinha, J. - (1.) Heard learned Counsel for the petitioner and learned A.G.A.
(2.) The present writ petition has been filed for quashing of the committal order dated 8.11.2005(Annexure-2) passed by Chief Judicial Magistrate, Banda, in Criminal Case No. 20 of 2005 and the order dated 14.2.2006 (Annexure-5) passed by Additional Sessions Judge, Banda in Crl. Revision No. 186 of 2005.
(3.) The ground taken in the present writ petition is that the case was fixed on 8.11.2005 for supply of copies under Section 207 of the Code of Criminal Procedure. On 8.11.2005 the accused Shiv Singh alias Ganna Singh was present but on behalf of petitioner an exemption application was moved. The Chief Judicial Magistrate, Banda passed two orders on 8.11.2005, first on the order sheet and second was committal order which are Annexures-1 and 2 to this writ petition. The Chief Judicial Magistrate passed routine order on 8.11.2005 in which supply of copies too was mentioned whereas no copy of document as required under Section 207 Cr.P.C were given to Sri Shiv Singh alias Ganna Singh or the counsel for the present petitioner Raj Kumar Singh Gaur. The petitioner moved an application on 11.11.2005 before the Chief Judicial Magistrate complaining this but it was rejected by order dated 11.11.2005 and the case was committed. The petitioner then filed a revision which was also dismissed by order dated 14.2.2006. It was submitted that it was the duty of the committing Magistrate to have satisfied whether the copies of documents have been furnished to accused or not before passing the committal order. The finding of revisional court is also bad in law.;