- (1.) This is a revision against the judgment and order dated 8.4.1988 passed by Sri P.P.Gupta, then learned Sessions Judge, Aligarh in Criminal Revision no. 58 of 1988, Resham Devi Vs. State of U.P. and others.
(2.) The facts relevant for disposal of this revision are that Smt. Resham Devi had filed a complaint case, i.e. Complaint Case no. 211 of 1987, against the revisionists under sections 395, 427, 147, 504, 506, 323 and 324 I.P.C. The learned Magistrate after taking evidence under sections 200 and 202 Cr.P.C. was of the view that no case against the accused is made out. He, therefore, rejected the complaint under section 203 Cr.P.C. Aggrieved with that order the complainant filed Criminal Revision no. 58 of 1988before Sessions Court. This revision was heard and decided by Sri P.P. Gupta, then learned Sessions Judge, Aligarh. He was of the view that the conclusion of the Magistrate was erroneous. He, therefore, allowed the revision and set aside the order passed by the Magistrate and issued a direction to the Magistrate to summon the accused persons under sections 395, 427, 147, 504, 506, 323 and 324 I.P.C. Aggrieved with that order the accused filed this revision before this Court.
(3.) None appeared for the revisionists at the time of hearing of the revision even after revision of the cause list. The learned A.G.A. was present for the State and the learned counsel for the complainant O.P. no.2 was also present. I, therefore, heard both of them and perused the record.;