Court No. - 45 Case :- CRIMINAL REVISION No. - 2013 of 2010 Petitioner :- Anoop Singh Respondent :- State Of U.P. & Another Petitioner Counsel :- A.C. Srivastava Respondent Counsel :- Govt. Advocate Hon'ble Rajesh Dayal Khare,J.
Heard learned counsel for the revisionist and learned A.G.A.
The present criminal revision has been filed for quashing the summoning
order dated 08.01.2010 as well as 31.03.2010 passed by learned Additional
Chief Judicial Magistrate, Court No.2, District Ghaziabad in Complaint Case
No. 572 of 2008 (Smt. Heera Devi Vs. Anoop Singh), under Sections 323,
354, 452, 504, 506 I.P.C.
The contention of the counsel for the revisionist is that no offence against the
revisionist 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. It is further contended
that the present proceedings is nothing but a counter blast to the proceedings
initiated by the revisionist against the opposite party no.2.
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
revisionist. 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
revisionist has got a right of discharge under Section 239 or 227/228, or 245
Cr.P.C. as the case may be through a proper application for the said purpose
and he is 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 provided that if the revisionist appears and surrenders before
the court below within 30 days from today and applies for bail, his 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
revisionist. However, in case, the revisionist does not appear before the Court
below within the aforesaid period, coercive action shall be taken against him.
With the aforesaid directions, this revision is finally disposed off.
Order Date :- 10.8.2010
S.Ali