Court No. - 55 Case :- MATTERS UNDER ARTICLE 227 No. - 8804 of 2018 Petitioner :- Lokendra And Another Respondent :- State Of U.P. And Another Counsel for Petitioner :- Awdhesh Singh Counsel for Respondent :- G.A.
Hon'ble Chandra Dhari Singh,J.
Heard learned counsel for the petitioners, learned A.G.A. for the State and perused the record.
Present petition under Article 227 has been filed for quashing the entire proceedings of criminal complaint case no. 347/9 of 2018 (Smt. Bhawna Saini Vs. Lokendra and another) under Sections 452, 504, 506, 376 I.P.C. P.S. Ratanpuri, District Muzaffarnagar pending in the court of Judicial Magistrate, Court No.1, Muzaffarnagar including the orders dated 18.6.2018 and 16.10.2018 passed by the Additional Sessions Judge, Court No.3, Muzaffarnagar.
Brief facts of the case is that the respondent no. 2 Bhawana Saini has moved an application under Section 156(3) Cr.P.C. before the ACJM Muzaffarnagar on 9.3.2018 and the court concerned has treated the same as complaint case and statement of complainant and witnesses has been recorded under Sections 200 and 202 Cr.P.C. Thereafter, the concerned court has summoned the petitioners to face the trial under Sections 452/504/506/376 IPC on 18.6.2018. Aggrieved petitioners have approached the revisional court by filing revision against the order dated 18.6.2018 before the District & Sessions Judge, Muzaffarnagar and revisional court has dismissed the said revision vide order dated 16.10.2018. Hence, this writ petition.
Learned counsel for the petitioners submits that the petitioners are innocent and falsely implicated in the present case. Learned counsel submits that while passing the summoning order the learned Magistrate has not considered the facts of the present case. Learned counsel submits that respondent no. 2 has filed application under Section 156 (3) Cr.P.C. after five years of the alleged incident and there is no independent witness of the same. Learned counsel submits that while summoning the petitioners learned Magistrate has not applied judicious mind and in a mechanical manner passed the order impugned which is affirmed by revisional court also without considering facts and materials available on record.
Learned AGA has opposed the submissions advanced on behalf of the petitioners by contending that while issuing the summoning order learned Magistrate has considered the all aspect of the matter and statements of the victim and witness recorded under Sections 200 and 202 Cr.P.C. and after satisfying that prima facie case is made out, summoning order has been passed against the petitioners.
After hearing the learned counsel for the petitioners, learned A.G.A. and after perusing the orders impugned as well averments made in the present petition, this Court is of the opinion, that learned counsel for the petitioners fails to establish his case and could not point out any legal infirmity in the orders impugned, which may warrant any interference by this Court.
Writ petition sans merit and same is dismissed, accordingly.
Order Date :- 27.11.2018
Shekhar