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1999 DIGILAW 856 (ALL)

RAM PRAKASH v. CHIEF JUDICIAL MAGISTRATE KANPUR DEHAT

1999-05-27

B.K.RATHI

body1999
B. K. RATHI, J. Heard Sri S. P. Singh, learned counsel for the applicants and A. G. A. 2. This is a revision under Sections 397/401, Cr. P. C. against the order dated 22-5-99 passed by the Chief Judicial Magistrate, Kanpur Dehat in Session Trial No. 1988of 1999. 3. The facts giving rise to this revision are as follows: 4. A F. I. R. was lodged on 2-10-94 for the offence under Sections 279 and 304-A, I. P. C. The charge-sheet was submitted by the police for the above offences against Ram Babu. In the meantime a request was made by the complainant that murder of Chhotey Lal was committed and it is not a case of negligent driving. Therefore, a case under Section 302, I. P. C. is made out. The investigation may be given to C. B. C. I. D. . C. B. C. I. D. found implication of both the applicants. On the request of C. B. C. I. D. the learned Magistrate issued the proceed ings under Sections 82-83, Cr. P. C. against the applicants. 5. The applicants filed objections before the Chief Judicial Magistrate alleg ing that the investigation by the C. B. C. I. D. is illegal. That contention was not ac cepted by the learned Magistrate and he refused to cancel the proceedings under Sections 82 and 83 against the applicants. Aggrieved by that order, the present revision has been preferred. 6. I do not find any illegality in the order. 7. The revision is dismissed summari ly with the observation that the proceed ings under Sections 82 and 83 Cr. P. C. against the applicants shall not be ex ecuted for one month and during that period the applicants may surrender before the Magistrate concerned. If the applicants did not surrender before the Magistrate concerned within one month, the proceedings under Sections 82 and 83 shall proceed against them and it is fur ther ordered that if the applicants appear before the Magistrate concerned and apply for their bail, their bail application shall be considered very expeditiously. Revision dismissed. .