( 1 ) THIS is a criminal revision against the judgment and order dated 12-2-92 passed by the learned Special Judge, Moradabad in Session Trial No. 748-A/84 State v. Mohammad Daood under Ss. 394/397, I. P. C. Police Station Hajrat Nagar Garhi, District Moradabad.

( 2 ) THE facts giving rise to this criminal revision briefly stated are as under :-THE revisionist Mohammad Daood Qureshi was one of the accused in Session Trial No. 748/84 State v. Asad. During trial Mohammad Daood Qureshi absconded. Consequently his case was separated from the original Session Trial No. 748/84 and was numbered as Session Trial No. 748-A/84 state v. Daood. The revisionist Mohammad Daood Qureshi was charged under Ss. 394/397, I. P. C. in Session Trial No. 748-A/84. After framing charges, he absconded. He was, however, arrested in Bombay in connection with N. D. and P. S. Special Case No. 801/89 State (D. C. B. C. I. D.) v. Mohd. Daood. He moved several applications before the Special Judge, Moradabad, who ultimately passed an order under S. 267, Cr. P. C. and the b-Warrant in Form No. 36 was sent to Bombay. Consequently the revisionist Mohd. Daood, who was confined at the relevant time in