- (1.) Heard Sri Veer Singh, learned counsel for revisionists, learned AGA and perused the record.
(2.) This criminal revision under Section 397/401 Cr.P.C. has been filed against judgment and order dated 02.04.2004, passed by Additional Sessions Judge, Court no. 6, Jaunpur in Criminal Revision no. 597 of 1999. By impugned order dated 02.04.2004 Magistrates' order dated 10.11.1999, was set aside. Vide order dated 10.11.1999 Magistrate has rejected application of prosecution for framing charge against accused revisionists under Section 458 and 459 I.P.C. which are triable by Courts of Session. Learned Magistrate had already framed charges under Section 325/149, 323/149, 147/149 and 452 I.P.C. against accused revisionists.
(3.) While setting aside order of Magistrate, since ingredients of Section 458 and 459 I.P.C. were found present in the case and matter was triable by Court of Session, therefore, Additional Sessions Judge has directed Magistrate to pass order under Section 323 Cr.P.C. It is this order against which accused revisionists have come up in this revision.;