Court No. - 44
Case :- MATTERS UNDER ARTICLE 227 No. - 4728 of 2018 Petitioner :- Bansh Raji Devi Respondent :- State Of U.P. And 5 Others Counsel for Petitioner :- Chandra Kumar Rai Counsel for Respondent :- G.A.
Hon'ble Rajeev Misra,J.
Heard Mr. Chandra Kumar Rai, learned counsel for the applicant and the learned A.G.A. for the State.
This petition under Article 227 of the Constitution of India has been filed challenging the order dated 1.9..2016, passed by the Additional Chief Judicial Magistrate, Court No.10, Azamgarh in complaint Case No. 4078 of 2015 (Bans Raji Devi Vs. Prahlad Kumar and Others), whereby the aforesaid complaint case has been dismissed in terms of Section 203 Cr.P.C. The petitioner has also challenged the order dated 15.2.2018, passed by the Additional Sessions Judge/F.T.C. Court No.2, Azamgarh in Criminal Revision No. 258 of 2016 (Bans Raji Devi Vs. State of U.P. and Others), dismissing the aforesaid revision which was filed challenging the order dated 1.9.2016.
From the perusal of the impugned orders, it is explicitly clear that both the Courts have recorded a categorical finding that the petitioner has been charge sheeted in an earlier criminal case, the proceedings of which have been stayed by the High Court. It has further been observed that present complaint has been engineered by the complainant-petitioner as part of his pressure tactics to over come the rigours of the criminal case, which is already pending.
Learned counsel for the petitioner has made an endavour to suggest that the criminal case was required to be adjudicated on merits, so that the real accused persons do not go unpunished. The Court which is seized of the criminal case, and is said to be pending but the proceedings have been stayed, has ample power to take note of the facts and can summon even the non charge sheeted accused persons as well as such other persons whose complicity can be presumed upon perusal of the material on the record as well as the evidence which may be adduced. In view of the facts and circumstances as noted herein above, no occasion arises before this Court to entertain this petition.
This petition is accordingly dismissed.
Order Date :- 21.8.2018/Arshad