Court No. - 5 Case :- CRIMINAL REVISION No. - 2002 of 2010 Petitioner :- Munesh & Another Respondent :- State Of U.P. & Another Petitioner Counsel :- M.P.S. Chauhan Respondent Counsel :- Govt. Advocate Hon'ble Rajesh Dayal Khare,J.
Heard learned counsel for the revisionists and learned AGA for the
State.
The present criminal revision has been filed against the
summoning order dated 24.02.2010 passed by the Additional
Chief Judicial Magistrate, Court No.1, Aligarh whereby the
revisionists have been summoned under section 323, 504, 506, 352
IPC on a application filed under section 319 Cr.P.C.
The contention of the counsel for the revisionists is that no offence
against the revisionists is disclosed and the present prosecution has
been instituted with a malafide intention for the purposes of
harassment. He pointed out certain documents and statements in
support of his contention.
From the perusal of the material on record and looking into the
facts of the case at this stage it cannot be said that no offence is
made out against the revisionists. All the submission made at the
bar relates to the disputed question of fact, which cannot be
adjudicated upon by this Court under revisional jurisdiction. At
this stage only prima facie case is to be seen. Moreover, the
revisionists have got a right of discharge under Section 239 or
227/228, Cr.P.C. as the case may be through a proper application
for the said purpose and they are free to take all the submissions in
the said discharge application before the trial court.
The prayer for quashing the summoning order is refused.
However, it is directed that the revisionists shall appear and
surrender before the court below within 30 days from today and
apply for bail, their prayer for bail shall be considered and decided
in view of the settled law laid by this Court in the case of
Amrawati and another Vs. State of U.P. reported in 2004 (57)
ALR 290 as well as judgement passed by Hon’ble Apex Court
reported in 2009 (3) ADJ 322 (SC) Lal Kamlendra Pratap Singh
Vs. State of U.P. For a period of 30 days from today or till the
disposal of the application for grant of bail whichever is earlier, no
coercive action shall be taken against the revisionists. However, in
case, the revisionists do not appear before the Court below within
the aforesaid period, coercive action shall be taken against them.
With the aforesaid directions, this revision is finally disposed of.
Order Date :- 14.6.2010
Imroz