Court No. - 50 Case :- CRIMINAL MISC. WRIT PETITION No. - 12257 of 2010 Petitioner :- Laeek Ahmed Raeen & Others Respondent :- State Of U.P. & Another Petitioner Counsel :- Ravi Vrat Pathak Respondent Counsel :- Govt. Advocate Hon'ble Shyam Shankar Tiwari,J.
Heard learned counsel for the petitioners and learned AGA for the State.
This petition has been filed by the petitioners to quash the impugned order
dated 9.6.2010 passed by the learned Sessions Judge,Farrukhabad in
Crl.Revision No.119 of 2010(Laeek Ahmad Raeen and others Vs. State of
U.P.) in relation to case no.1207 of 2010 arising out of case Crime No.17-A
of 2010 u/ss 147,148,149,427,504,506 and 307 IPC, P.S.Kotwali District
Farrukhabad.
It is contended by learned counsel for the petitioners that the summoning
order passed by learned court below and the impugned order passed by the
court below is not justified. It has been filed only by way of a counter blast as
already a case is instituted against complainant side which is already under
investigation on case crime No.17-A of 2010.
Learned counsel for the opp.party no.2 has opposed the above submissions
and argued that after thorough investigation of the allegations made against
the accused the Investigating Officer has submitted charge sheet under the
aforesaid sections. There is statement of witnesses recorded u/s 161 Cr.P.C. in
support of the contention of the prosecution story. There is no illegality in the
impugned order passed by the Courts below.
Considered the submissions made by learned counsel for the parties and
perused the record. Apparently there appears to be no illegality in the
impugned order passed by Judicial Magistrate summoning the accused
persons on the basis of the charge sheet submitted against them under the
aforesaid sections. Prima facie there is evidence against the petitioner
collected by Investigating Officer during investigation.
Accordingly this petition has no force and is hereby dismissed.
However, it is directed that if the petitioners appear before the courts below
within a period of three weeks from today and apply for bail before the Courts
below, they will dispose of the bail application expeditiously in accordance
with law and till that date the execution of non bailable warrant shall be kept
in abeyance.
Order Date :- 13.7.2010
Hsc/