G.B.Singh - (1.) THESE 8 connected revisions are directed against the order dated 17-9-81 passed by the Judicial Magistrate, Sandila Hardoi summoning the revisionists under Section 319 of the Code of Criminal Procedure.
(2.) THE facts which gave rise to these 8 revisions may be, briefly, narrated here. Pan Vijai Pratap Singh, who has filed Criminal Revisions No. 586 to 589 of 1981 was Block Development Officer Sandila Hardoi from the year 1967 to 1970. Sunder Lal Vishwakarma who has filed Criminal Revisions No. 602 to 605 of 1981 was posted as Assistant Development Officer, Sandila District Hardoi from March 1968 to 1970. Vikas Narain Srivastava who is facing trial before the Judicial Magistrate Sandila Hardoi for various offences, was posted as Village Level Worker Circle Lumamau Tahsil Sandila District Hardoi, during that period under the two revisionists. Taqavi loans in the shape of fertilizers and seeds were distributed to the agriculturists in the aforesaid circle in the year 1969-70 by the said Village Level Worker. The application for granting such loans were verified by Shri Vikas Narain Srivastava Village Level Workers, Gram Pradhan and the Lekhpals of the villages of the agriculturists. It appers that certain applications and distributions of Taqavi loans on them was found fake and it was brought to the notice of the authorities that taqavi loans were not given to the persons whose names were recorded in the papers and in whose names the applications were obtained and verified. The signatures on these applications of the loanees and in the registers maintained in this connection were forged. On receiving this information Ran Vijai Pratap Singh BDO made enquiry from Vikas Narain Srivastava V.L.M. and on being satisfied that there was substance to it, he reported the matter to the District Planning Officer on 25-2-70. It appears that on that application the SDM Sandila was appointed by the District Magistrate Hardoi vide his order dated 3-9-70 to enquire into the matter and on enquiry it was found that there was embezzlement of fertilizers and seeds by Vikas Narain Srivastava V.L.W. Ran Vijai Pratp Singh was, therefore, directed to lodge a report vide the letter dated 8-10-70 against Vikas Narain Srivastava V.L.W. In compliance with that letter the BDO lodged a written report dated 9-10-70 at Police Station Sandila. In this report he mentioned that Vikas Narain Srivastava committed misappropriation of the taqavi loan to the extent of Rs. 8394-61 paise and he committed forgery and false verification in that connection. He further mentioned in this report that Hari Nath Singh, Vishwanath Singh and some others assisted in committing these offences. The BDO, therefore, prayed that a case under Sections 409, 406, 120-B and 419 of the Indian Penal Code may be registered against them. On , that report a case was registered at Police Station Sandila on 14-10-70 against Vikas Narain Srivastava, Hari Nath Singh and some others. Another report was also lodged against Vikas Narain Srivastava V.L.W. by Ran Vijai Pratap Singh BDO on the allegation that chemical fertilizers and seeds worth Rs. 3522.04 paise have not been accounted for and he has misappropriated them also. On that report a separate case under Section 409 IPC was registered against Vikas Narain Srivastava. After investigation four charge-sheets were submitted. In the Criminal Case No. 481 of 1980 Vikas Narain Srivastava is standing trial for the offences under Sections 468, 471, 420 IPC. Charge-sheet in this case was submitted on 2-9-73. In Criminal Case No. 360 of 1980 Vikas Narain Srivastava, V.L.W. Molhey and Sukh Darshan are facing trial for the offences under Sections 120-B, 409, 420, 465, 467, 468 and 471 IPC. In this case the charge-sheet was submitted on 3-5-73. The third case is Criminal Case No. 369 of 1980. In this case charge-sheet was submitted on 7-5-83 and Vishwa Nath Singh is standing trial for the offences under Sections 420, 466, 467, 468, and 471 IPC. The fourth case is Criminal Case No. 195 of 1970. In this case the charge-sheet was submitted on 7-5-73 and Hari Nath Singh is standing trial for the offences under Sections 420, 466 and 471 IPC. In the aforesaid four criminal cases the evidence was recorded and the statement of the accused was taken down. It seems that in Criminal Cases No. 481 of 1980 and 369 of 1980 Vikas Narain Srivastava V.L.W. stated that applications were verified by him at the instance of BDO and he is, therefore, also involved in the case. Hari Nath Singh in Criminal Case No. 195 of 1980 has also stated in his examination as an accused that the amount has been misappropriated by the BDO. On the basis of this statement and certain rules regarding distribution of taqavi loans the learned Judicial Magistrate held that there is evidence against Ran Vijai Pratap Singh BDO and Sundar Lal Vishwakarma ADO showing that they committed the offences for which Vikas Narain Srivastava and others are being tried and he, therefore, summoned them u/Sec.319. CrPC by passing separate orders in all the four cases on 17-9-81. Feeling dissatisfied with this order Ran vijai Pratap Singh has filed four Criminal Revisions No. 586, 587, 588 and 589 of 1981 and Sunder Lal Vishwakarma has filed the other four Criminal Revisions No. 602, 603, 604 and 605 of 1981.
(3.) IN the order dated 17-9-1981 summoning these two revisionists under Section 319 CrPC reasons given are almost the same, though passed separately. All the 8 revisions can, therefore, be conveniently disposed of by a single judgment. It was vehemently argued by the learned counsel for the revisionists that there is no evidence against the revisionists justifying the order for summoning them under Section 319 CrPC. Learned Government Advocate, on the other hand argued that there is evidence against the revisionists and this they have been rightly summoned under Section 319 of the Code of Criminal Procedure and the revisions have no substance. In my opinion, the argument of the learned counsel for the revisionists has much force and it must prevail.;