Court No. - 78
Case :- APPLICATION U/S 482 No. - 9600 of 2021 Applicant :- Darshanlal And 2 Ors. Opposite Party :- State Of U.P. And 3 Ors. Counsel for Applicant :- Vivek Saran Counsel for Opposite Party :- G.A.
Hon'ble Shekhar Kumar Yadav,J.
Heard learned counsel for the applicants and learned AGA for the State respondent through Video link.
By means of this application petitioner has challenged the impugned order dated 20.03.2021 passed by Special Judge, (SC/ST Act), Meerut in Criminal Revision No. 353 of 2019 (Darshan Lal and others Vs State of UP and others) as well as the impugned summoning order dated 3.08.2019 passed by Judicial Magistrate, Court No. 2, Meerut in Complaint Case No. 644 of 2019 (Sunil Kumar Vs Darshanlal and others), whereby the applicant no. 1 has been summoned to face the trial for the offences under Sections 323, 504, 506, 406 IPC and applicant nos. 2 and 3 have been summoned to face the trial for the offences under Sections 323, 504, 506 IPC.
It is contended by learned counsel for the applicants that opposite party no. 2 has filed a complaint and the learned Magistrate after taking evidence of complainant and his witnesses u/s 200/202 Cr.P.C. summoned the applicants to face the trial for the offences under aforesaid sections vide order dated 3.08.2019. Aggrieved against this order, applicants preferred Criminal Revision being Criminal Revision No. 353 of 2019, which was rejected by the Court vide order dated 20.03.2021 and the order of the learned Magistrate was affirmed. It is this order which is subject matter of challenge before this Court.
It is contended by learned counsel for the applicants that present criminal proceeding has been launched against the applicants with malicious intention and just to harass them as no offence is made out against the applicants. It is further submitted by learned counsel for the applicants that both the courts below have not applied its judicial mind before summoning the applicants and thus have committed gross illegality in passing the impugned orders. He further submits that no offence against the applicants is disclosed and the present prosecution has been instituted with a malafide intention for the purposes of harassment.
From the perusal of 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 applicants. All the submissions made at the bar relate to the disputed questions of fact, which cannot be adjudicated upon by this court. The disputed defense of the accused cannot be considered at this stage. Since, the applicants have been summoned by the Trial Court, they will have various opportunities before the Trial Court to agitate their grievance at appropriate stages.
The prayer for quashing the impugned orders is refused. However, considering the facts and circumstances of the case, if the applicants appear before the Court below in compliance of the summoning order passed by the Court below within 60 days of this order and apply for bail, their prayer for bail shall be considered and disposed of in accordance with law.
Accordingly, the application is finally disposed of.
Order Date :- 31.5.2021 RavindraKSingh Digitally signed by Justice Shekhar Kumar Yadav Date: 2021.05.31 16:30:21 IST Reason: Document Owner Location: High Court of Judicature at Allahabad