Court No. - 28 Case :- U/S 482/378/407 No. - 55 of 2010 Petitioner :- Maksud Ahmad, & Others Respondent :- State Of U.P., & Another Petitioner Counsel :- S.P.Singh Somvanshi Respondent Counsel :- G.A. Hon'ble Alok K. Singh,J.
Heard learned counsel for the petitioner, learned A.G.A. and perused the
record.
At this stage there is no need to issue notice to opposite party no. 2, hence it
is dispensed with, as the complainant is already represented.
In the case of Lal Suraj @ Suraj Singh & another Vs. State of Jharkhand,
reported in 2009 (2) JIC 793 (SC), it has been laid down that there ought to
have been finding that there is reasonable prospect of conviction. It was also
observed in this case that power has to be exercised sparingly. Similarly, in
the case of Sarabjit & another Vs. State of Punjab & another, reported in
2009 (3) JIC 522 (SC), which is based on the case of Municipal Corporation
of Delhi Vs. Ram Kishan Rastogi, 1983 (1) SCC 1 it has been stated that at
the stage of framing of charges a test may be of prima facie case but for
passing order under Section 319 Cr.P.C. there should exist strong suspicion. It
has also been emphasized that the Court should record its satisfaction.
The impugned order dated 03.12.2009, lacks all the aforesaid aspects.
Therefore, it deserves to be quashed and accordingly quashed.
The learned lower court may pass appropriate orders in accordance with law,
keeping in view the law propounded by Hon’ble the Apex Court in various
judgements on this point.
Order Date :- 11.1.2010
ML/-