- (1.) HEARD learned counsel for the applicants and learned AGA.
(2.) AS agreed between the parties, this application is finally disposed off at the admission stage itself. A FIR was filed against the applicants as crime no. 587/03 under S.364, 452, 323, 504 and 506 IPC, at P.S. Kotwali Pilibhit. After investigation of the case, the police submitted a FIR. The protest petition, filed by the informant was registered as a complaint and the Magistrate started proceedings with the case as a complaint case. However, as has been stated in the present application, the Magistrate did not record the statements of all the witness of the prosecution as is mandated under S.202 (2) Cr. P.C. proviso. It is pointed out at this stage that S.364 IPC is triable by the Court of Sessions. The counsel for the applicants contended that in the absence of recording of statement of all the witnesses of the prosecution, the Magistrate committed an illegality in summoning the applicants under S.364 IPC.
(3.) LEARNED AGA also could not dispute the fact.;