An English translation of the memorandum of revision which was filed before the learned Sessions Judge has been filed as Annexure P 3 and it shows that the accused had specifically written that they were aggrieved by the order dated 31.7.2004 and also by the order taking companynizance of the offence and summoning them.A Criminal Revision Petition was filed by the accused before the Sessions Judge, Ghazipur which was dismissed on the ground that the order under challenge was an interlocutory order and, therefore, the revision was barred by virtue of Section 397 2 Cr.
The accused did number appear on the date fixed, and some other dates were fixed and finally on 31.7.2004 the learned Chief Judicial Magistrate passed an order specifically recording that the accused are absent and fixed 27.8.2004 for their appearance in Court.
On the basis of a report submitted by the police under Section 190 1 b Cr.
O R D E R Feeling aggrieved by the remarks made by the High Court in the judgment dated 5.11.2004, while allowing Criminal Misc.
P.C. would number operate.
The main plea taken in the present Special Leave Petition is that the order dated 31.7.2004, wherein the learned Chief Judicial Magistrate had only recorded that the accused are absent and the case be posted for appearance of the accused on 27.8.2004, was an interlocutory order and, therefore, the bar created by Section 397 2 Cr.
P.C., the learned Chief Judicial Magistrate took companynizance of the offence on 5.4.2004 and directed that summons be issued to the accused for their appearance on 21.5.2004.
P.C. would operate.
7218 of 2004, the Sessions Judge whose order was set aside, has filed the present petition.
Writ Petition in the High Court challenging the order dated 5.4.2004 passed by the learned Chief Judicial Magistrate and also the order dated 27.8.2004 passed by the learned Sessions Judge petitioner herein .
Writ Petition No.
The High Court accordingly set aside the order dated 27.8.2004 passed by the learned Sessions Judge and remanded the matter for deciding the revision on merits.
The petitioner who had decided the Criminal Revision Petition on 27.8.2004 in his capacity as Sessions Judge is aggrieved by certain remarks made against him in the order of the High Court.
P.C. The accused then preferred Criminal Misc.
