Court No. - 55 Case :- MATTERS UNDER ARTICLE 227 No. - 7915 of 2018 Petitioner :- Dashrath And 16 Others Respondent :- State Of U.P. And Another Counsel for Petitioner :- Deshraj Singh Counsel for Respondent :- G.A.
Hon'ble Chandra Dhari Singh,J.
Heard learned counsel for the petitioner, learned A.G.A. for the State and perused the record.
Present petition has been filed for quashing the impugned order dated 12.2.2018 passed by the Chief Judicial Magistrate, Mau in criminal complaint case no. 5096 of 2017 (Baleshwar Singh Vs. Dashrath and others) and impugned order dtaed 13.9.2018 passed by Additional Sessions Judge-III, Mau in criminal revision no. 63 of 2018 (Dashrath and others Vs. State of U.P. and others).
The contention of learned counsel for the petitioner is that learned courts below without taking consideration and without appreciation of the facts available on record have passed the orders impugned. Learned counsel in support of his arguments relied upon several judgments of the Hon'ble Apex Court wherein it has been provided that before passing summoning order the Magistrate concerned satisfied himself whether prima facie case is made out or not and after satisfaction that prima facie case is made out, summoning order may be issued. Learned counsel further submits that in the present case, the courts below have not considered the material evidence on record and without assigning any reasons therein passed the orders against the petitioner. Learned counsel submits that in fact no case is made out against the petitioner.
Learned AGA vehemently opposed the submission advanced on behalf of the petitioner by contending that the matter has been considered twice and on both the occasions petitioner has failed to make out his case. He further submits that learned Magistrate after considering all the facts and evidence on record and after recording statement under Section 200 and 202 Cr.P.C. satisfied himself that prima facie case is made out and thereafter summoned the petitioner.
After hearing the learned counsel for the petitioner, learned A.G.A. and after perusing the order impugned as well averments made in the present petition, I am of the opinion that learned counsel for the petitioner could not point out any legal infirmity in the order impugned which may warrant any interference by this Court. In the present case learned Magistrate after recording statements under Sections 200 and 202 Cr.P.C. found that prima facie case is made out against the petitioner and then summoning order issued against the petitioner. After perusal of the statements recorded under Sections 200 and 202 Cr.P.C. and order impugned, it is clear that there is sufficient reasons to summon the petitioner and there is no material on record to establish that learned courts below erred in law or there is anything contrary to the law settled by Hon'ble Apex Court.
Writ petition is devoid of merit and same is dismissed, accordingly.
Order Date :- 27.11.2018
Shekhar [Chandra Dhari Singh, J.]