Court No. - 48
Case :- MATTERS UNDER ARTICLE 227 No. - 391 of 2019 Petitioner :- Dev Sharma And 3 Others Respondent :- State Of U.P. And Another Counsel for Petitioner :- Jitendra Singh Counsel for Respondent :- G.A.
Hon'ble Om Prakash-VII,J.
The present petition has been filed with the prayer to set aside the order dated 13.12.2018 passed by the Additional Sessions Judge, Court No. 6, Shahjahanpur in Criminal Revision No. 17 of2018 arising out of order dated 18.12.2017 passed on application under Section 245 (2) Cr.P.C. in complaint case no. 384 of 2013 (Smt. Krishna Devi Vs. Dev Sharma and others), under Sections 307, 323 IPC, Police Station Banda, district Shahjahanpur pending in the court of Additional Chief Judicial Magistrate- II, Shahjahanpur. Further prayer has been made to stay the effect and operation of order dated 12.5.2014 passed in the aforesaid case.
Heard learned counsel for the petitioners and the learned AGA appearing for the State.
Submission of learned counsel appearing for the petitioners submits that after passing summoning order in another complaint present complaint was filed by the complainant. Revisional court also did not consider the matter in right perspective and illegally dismissed the revision. After passing summoning order petitioners moved discharge application under Section 245 (2) Cr.P.C. through counsel but the same was rejected. Thereafter criminal revision was filed.
On the other hand, learned AGA has submitted that petitioners have been summoned on the basis of the statements recorded under Sections 200 Cr.P.C. and 202 Cr.P.C.. The impugned order does not suffer from any illegality or infirmity.
Having regard to the facts and circumstances of the case, after perusing the entire record and having considered the submissions made by the learned counsel for the parties, I am of the view that no case is made out to interfere with the impugned order. The impugned order does not suffer from any infirmity or illegality. The Magistrate dealing with complaint at this stage has to see only prima-facie case and it cannot be said that no prima- facie case is made out against the applicants. Further, the plea raised before this Court would require leading of evidence, which can be raised before the court concerned at the appropriate Stage. Hence, the prayer made in the present petition is refused.
At this stage, learned counsel for the petitioners prays that a direction may be issued to the court below for expeditious disposal of the bail application of the petitioners.
Hence, it is directed that in case the petitioners surrender before the court below and apply for bail within 30 days from today the same shall be considered and decided in view of the settled law. For a period of 30 days from today, no coercive action shall be taken/given effect to against the petitioners. It is made clear that no further time will be allowed to the petitioners for surrender before the court concerned.
With the above observations, the petition stands disposed of.
Order Date :- 22.1.2019 Sachdeva