Court No. - 73
Case :- MATTERS UNDER ARTICLE 227 No. - 5352 of 2019 Petitioner :- Bhaiya Lal Respondent :- State Of U.P. And 5 Others Counsel for Petitioner :- Markande Singh Yadav Counsel for Respondent :- G.A.
Hon'ble Om Prakash-VII,J.
Heard learned counsel for the petitioner, learned A.G.A. for the State and perused the record.
This petition under Article 227 of the Constitution of India has been filed by the petitioner with the prayer to quash the order dated 1.2.2019 passed by Addl. Sessions Judge / F.T.C., Varanasi in revision no.205 of 2018 (Bhaiya Lal Vs. State of U.P. and others) as well as order dated 2.8.2018 passed by Addl. Chief Judicial Magistrate-VII, Varanasi in complaint case no. 2317 of 2017, P.S. Sarnath, District Varanasi. Further prayer has been made to direct the courts below to summon all the accused persons with the respondent no.2 in the aforesaid complaint case.
In the complaint moved by the petitioner, respondent no.2 was summoned only for the offence under sections 420, 323, 504, 506 IPC. A criminal revision was filed by the applicant before the Sessions Judge concerned, which was also dismissed affirming the order passed by the Magistrate concerned.
If the observations recorded by the revisional court as well as trial court are taken into consideration in light of the grounds taken in the affidavit, petitioner has an opportunity to move proper application during trial to summon those persons, who were not summoned by the trial court if there is sufficient evidence. Trial court is enough competent to summon them if there is sufficient evidence to proceed with trial. Thus, at this stage, in this proceeding, keeping in view the observations of the courts below, prayer made in the application is not liable to be allowed.
Petition is dismissed accordingly.
Order Date :- 26.7.2019 ss