Court No. - 28 Case :- U/S 482/378/407 No. - 4958 of 2009 Petitioner :- Ram Rahees Alias Patanney And Another Respondent :- State Of U.P. And Another Petitioner Counsel :- S.K. Yadav Respondent Counsel :- Govt. Advocate Hon'ble Alok K. Singh,J.
Heard learned counsel fore the petitioner and learned AGA and perused the
material on record.
At this stage there is no need to issue notice to opposite party no. 2, hence it is
dispensed with.
In the case of Lal Suraj @ Suraj Singh and another Vs. State of Jharkhand,
reported in 2009 (2) JIC 793 (SC) it has been laid down that there ought to
have been a 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, reported in 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 07.10.2009 lacks all the aforesaid aspects.
Therefore, it deserves to be quashed and is accordingly quashed. The lower
court may pass appropriate orders in accordance with law, keeping in view the
law propounded by Hon’ble Apex Court in various judgments on this point.
The petition stands disposed of finally.
Order Date :- 13.1.2010
Shaakir/