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1999 Supreme(All) 383

B.K.RATHI
RAJ KUMAR AGARWAL – Appellant
Versus
STATE OF UTTAR PRADESH – Respondent


Advocates Appeared:
Arjun Singhal

B. K. RATHI, J.

( 1 ) THIS revision under Section 397 Cr. P. C. has been preferred against the order dated 9-2-99 passed by the Ist Additional Chief Judicial Magistrate, Meerut in Criminal Case No. 305 of 1999.

( 2 ) I have heard the learned counsel for the revisionist and the learned A. G. A.

( 3 ) IT appears that a charge sheet was received against the applicant, which was submitted on the basis of the F. I. R. lodged by opposite party No. 2 for the offences under Sections 420, 467 and 468 IPC. On the basis of that charge sheet by the impugned order the case was registered and the applicant was summoned by non-bailable warrant returnable by 9-2-99. Aggrieved by it, the present revision has been preferred.

( 4 ) THE contention of the learned counsel for the revisionist is that the order has been passed without application of mind for the fact whether any offence has been committed. That before the issue of process, there must be prima facie satisfaction of the learned Magistrate regarding commission of offence, which is a pre-condition for taking cognizance and issue of process.

( 5 ) IT is contended by opposite parties that the order is interlocutory and therefore, the revision is







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