Court No. - 40 Case :- CRIMINAL REVISION No. - 5646 of 2009 Petitioner :- Satya Prakash And Another Respondent :- State Of U.P. And Another Petitioner Counsel :- Sanjive Kumar Gupta 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 03.12.2009 passed by learned Judicial
Magistrate/IIIrd Upper Civil Judge (Junior Division), Budaun in Criminal
Complaint Case No. 1189 of 2006, under Sections 406 and 420 I.P.C. Police
Station Civil Lines, District Budaun.
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
revisionists. 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 s 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 they are 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, his prayer for
bail shall be considered and decided expeditiously 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 revisionists do not appear before the Court below within the
aforesaid period, coercive action shall be taken against them.
With the aforesaid directions, this application is finally disposed off.
Order Date :- 11.1.2010
YK