Court No. - 40
Case :- APPLICATION U/S 482 No. - 43289 of 2018 Applicant :- Laiq Ahmad Jafri And 3 Others Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Anwar Mehdi Zaidi Counsel for Opposite Party :- G.A.
Hon'ble Sanjay Kumar Singh,J.
Heard learned counsel for the applicants and learned AGA for the State.
This application under Section 482 Cr.P.C. has been filed by the applicants for quashing the summoning order dated 15.9.2018 passed by learned 3rd Additional Sessions Judge, Bijnor in Criminal Revision No.350 of 2016 (CNRUPBJ010060272016 Vizarat Nabi Vs. State of U.P. And others) whereby the revisional court has allowed the criminal revision of the opposite party no.2 setting aside the order dated 12.9.2016 of Additional Sessions Judge (Senior Division)/ Additional CJM court no.2 Bijnor, by which the complaint of opposite party no.2 was dismissed under Section 203 Cr.P.C.
It is submitted by learned counsel for the applicants that on 8.9.2012 marriage of applicant no.3 was solemnized with opposite party no.2, which was first marriage of the applicant no.3 and second marriage of the opposite party no.2. The opposite party no.2 is having two sons and two daughters with his first wife. It is submitted that on 29.9.2015 opposite party no.2 ousted the applicant no.3 from his house. The FIR of the incident was lodged on 6.10.2015 by the applicant no.3. The opposite party no.2 has filed Writ Petition No. 28814 of 2015 against the FIR dated 6.10.2015, which was disposed of by this Court vide order dated 8.12.2015 and matter was referred to Mediation and Conciliation Center, High Court Allahabad and opposite party no.2 was not ready to settle the matter in Mediation Centre and the same was failed.
It is submitted that the application under Section 125 Cr.P.C. has also been filed by the applicant no.3 against the opposite party no.2, which is pending before the Judge Family Court, Allahabad. The case under domestic violence Act, 2005 filed by the applicant no.3 is also pending against the opposite party no.2. Mediation in past cases has been failed. It is stated that the opposite party no.2 in order to create pressure upon the applicants filed the complaint case dated 9.5.2016 alongwith his injury report dated 8.5.2016 filed as Annexure no.2 to the application.
It is submitted that learned Magistrate after recording the statement of complainant/opposite party no.2 and witnesses, namely, Aftab Khan and Shakeel Ahmad has passed the order dated 29.9.2016 dismissing the complaint under Section 203 Cr.P.C. with the finding that no prima facie offence are made out against the applicants. It is submitted that opposite party no.2 has filed Criminal Revision No. 350 of 2016 against the order dated 12.9.2016 of the learned Magistrate, which has been wrongly been allowed and remanding the matter to the learned Magistrate to pass a fresh order in accordance with law. It is submitted that the allegation made against the applicants is absolutely false and baseless. The order dated 15.9.2018 passed by the revisional court is bad and illegal and, therefore, is liable to be quashed.
Per contra, learned AGA has submitted that from the material evidence on record, there is no illegality in the order dated 15.9.2018 of the revisional court. The revisional court has rightly and legally set aside the order dated 12.9.2016 of the learned Magistrate. It has been pointed out that from the injury report, which is on record as Annexure no.2 to the application, it cannot be said that no offence is made out against the applicants.
After having heard the learned counsel for the applicant, learned AGA for the State and perused the record, this Court is of the opinion that the revisional court has rightly observed that from the contends of complaint, statement of complainant and witnesses as well as medical report of the complainant, the prima facie offence is disclosed against the applicants and at this stage, it is not necessary to the learned Magistrate to consider and perused the evidence on record meticulously by going into deep of the evidence. It is settled law that at the stage of summoning the accused persons only prima facie case is to be seen by the learned Magistrate. This Court is of the view that finding recorded by the revisional court in the order dated 15.9.2018 for setting aside the order dated 12.9.2016 by learned Magistrate is not liable to be interfered. There is no illegality, irregularity or manifest error of law in the order dated 15.9.2018, hence, the application under Section 482 Cr.P.C. filed by the applicants lacks merit and is, accordingly, dismissed.
Order Date :- 30.11.2018 AK Pandey