Hon’ble Virendra Vikram Singh, J.—Heard Shri B. P. Verma, learned counsel for the revisionist and Sri R. P. Misra, learned counsel for the opposite party No. 2.

The challenge in the present revision is to the order dated 9.12.2009 passed by Judicial Magistrate-V, Mathura in case crime No. 240/ix/2009. By the impugned order, the present revisionists alongwith Smt. Laxmi Singh, wife of revisionist No. 1 has been summoned to face trial for the offence under Sections 420 and 120 B IPC.

2. The accusation against the accused persons have been brought forward by moving an application under Section 156 (3) Cr.P.C. by Smt Rani, wife of Laxman. With the facts that her husband is mentally sick and his mental age is hardly that of a kid of 4 or 5 years. He owns plots Nos. 274 and 202 of different areas in village Kurkunda P.S. Farah, District Mathura. Because of his poor mental condition, Laxman was not employed anywhere and he frequently used to visit the company of Tunda and Ramjeet presently revisionist Nos. 4 and 5. Tunda was employed as driver with revisionist No. 1, who also employed Laxman as guard at his house. The complainant came to know that Rameshwar Singh got executed the