S.K.JAIN, J. - (1.) HEARD learned Counsel for the revisionists, learned A.G.A. and perused the record.
(2.) THIS criminal revision has been preferred against the judgment and order dated 9.4.2003 passed by I Additional Ses­sions Judge, Baghpat in criminal revision No. 216 of 1999 new number 36/01 Rajendra Prasad Jain v. State of U.P. and others whereby the order of acquittal of the revi­sionists dated 10.2.1999 passed by Chief Judicial Magistrate, Meerut in criminal case No. 4692 of 1995 State v. Jai Kumar and oth­ers has been set aside and the case has been remanded with the direction that the learned Magistrate should ensure the at­tendance of witnesses and decide the case on merit. Briefly stated, the facts for the purpose of this revision are that the learned Chief Judicial Magistrate vide order dated 10.2.1999 in the afoeresaid criminal case observed that repeated opportunities were given to the prosecution to produce its wit­nesses on that day also and adjournment application was made. There was no justifi­cation in allowing this application as many a times summons were issued to the wit­nesses, but none of them has been pro­duced. On 23.1.1999 last opportunity was given to the prosecution to produce its witnesses. More than three years have elapsed since the charge was framed, therefore, the learned Magistrate acquitted the accused persons.
(3.) COMPLAINANT of the case Rajendra Prasad Jain preferred the revision petition before the learned Sessions Judge, which was decided by I Additional Sessions Judge, Baghpat giving directions as afore­said.;