Court No. - 16 Case :- CRIMINAL REVISION No. - 5691 of 2009 Petitioner :- Mohd. Nahid And Others Respondent :- State Of U.P. & Another Petitioner Counsel :- Javed Habib Respondent Counsel :- Govt. Advocate Hon'ble Bala Krishna Narayana,J.
Heard learned counsel for the revisionists and learned A.G.A. for the State.
This application in revision has been filed by the revisionists for quashing the
summoning order dated 13.10.2009 passed by learned Additional Chief
Judicial Magistrate Court No.8, District Bareilly in Case No. 4773 of 2009
(State Vs. Nahid & others) arising out of Case Crime No. 537 of 2009 under
Sections 452, 307 and 506 I.P.C. Police Station Nawabganj District Bareilly.
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
applicant. All the submissions made at the bar relate to the disputed questions
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 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 if the revisionists 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 expeditiously by the court below if possible
on the same day 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 revisionist does 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.
Order Date :- 8.1.2010
YK