Heard learned counsel for the revisionist. Shri R.V.Mishra has filed his memo of appearance on behalf of O.P.No.2.
Summoning order dated 15.12.2009 passed by Judicial Magistrate II, Bhadohi in Case No. 1857 of 2009 Shilwanta Pasi Vs banwari Chauhan is impugned in the instant revision. The revisionist has been summoned under section 394, 323, 504, 506 I.P.C. and 3(1) (X) of S.C./S.T. Act.
Submission is that this is a counter blast of previous proceeding initiated by the revisionist on the basis of a First Information Report registered at Case Crime No. 847 of 2008. Revisionist is one of the witness in the said case. The proceedings are malafide and therefore summoning order is liable to be quashed.
After hearing respective submission I am not inclined to throttle the trial right at its very inception. Revisional Court cannot be converted into Court of Magistrate for holding trial and adjudge malafides at the summoning stage.
However, taking into consideration the submissions by the respective counsel I dispose of this revision with a direction that in the event revisionist appears before court concerned within three weeks from today and moves application for discharge, the same shall be considered on merit after giving opportunity of hearing to both the parties and appropriate order be passed on merit. Till the disposal of the application no coercive measure shall be adopted against the revisionist. In event revisionist fails to appear before Court concerned within three weeks, this liberty stand automatically vacated.
Order Date :- 7.1.2010 S.A.A.Rizvi