Hafiz & Others vs State Of U.P. & Another on 12 July, 2010

Allahabad High Court
Hafiz & Others vs State Of U.P. & Another on 12 July, 2010
Court No. - 49

Case :- CRIMINAL REVISION No. - 2455 of 2003

Petitioner :- Hafiz & Others
Respondent :- State Of U.P. & Another
Petitioner Counsel :- Ajay Vashishtha
Respondent Counsel :- Govt. Advocate

Hon'ble Bala Krishna Narayana,J.

List has been revised. None appears on behalf of the applicant to press this
application in revision.

Heard learned A.G.A. and perused the material on record.

The present criminal revision has been filed for quashing the summoning
order dated 09.07.2003 passed by learned Special Judge (D.A.A.), Etah in
S.S.T. No. 51 of 2003, under Sections 395 I.P.C.

The contention of the counsel for the revisionists are 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.
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
applicants. 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, 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 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 accordance with 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 revisionists do not appear before the
Court below within the aforesaid period, coercive action shall be taken against
him.

With the aforesaid directions, this application is finally disposed off.
Registry shall communicate about this order to the concerned court below
within a month.

Order Date :- 12.7.2010
YK

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