D.K.Trivedi, J. - (1.) Heard the learned counsel for the revisionist and also the learned A.G.A. There seems to be no necessity for issuing notice to opposite party No. 2 as the revision can be disposed of without summoning the record and without issuing the notice to the opposite party No. 2.
(2.) Civil Judge (Jr. Div)/Judicial Magistrate, Utraula, Balrampur passed that impugned order dated 4.9.1999 directing for re-investigation of the case after rejecting the final report, but simultaneously he passed an order summoning the revisionist as accused.
(3.) There is no dispute that the learned Judicial Magistrate has the jurisdiction either to accept or to reject the final report. There is also no dispute that the learned Magistrate after rejecting the final report had the jurisdiction to straightaway summon the accused persons but once he came to the conclusion that re-investigation of the case was necessary, the summoning order could not have been passed.;