This is a criminal revision under Sections 397/401, Cr. P. C. against the judgment and order, dated 9-8- 1983, passed by the Ilnd Additional Sessions Judge, Pratapgarh in Criminal Appeal No. 11 of 1981 Sita Ram v. State convicting and sentencing the revisionist appellant to un dergo 6 months R. I. and a fine of Rs. 1000/-and in default of payment to further go 6 months R. I. confirming the judgment and order dated 15-1-1981, passed by the Chief Judicial Magistrate, Pratapgarh in case No. 1060 of 1978 State v. Sita Ram under Section 7/16, PEA. Act.

2. The learned counsel for the revisionist raised legal question that the prejudice has been caused to the revisionist as there is no compliance of Section 313, Cr. P. C. It has been further argued that what soever compliance has been made is not in the spirit of the provision of this Section. In support of this argument, he relied on the judgment reported in 1995 Lucknow Criminal Reports 78- Shitla Prasad v. State of U. P. particularly para 5 thereof which reads as follows:

"so far as this contention goes, it is found from the record of the lower Court that under Section 313, Cr. P. C. , the first question which was put to t