Court No. - 53
Case :- MATTERS UNDER ARTICLE 227 No. - 5776 of 2018 Petitioner :- Mohammad Hasnain Respondent :- State Of U.P. And Anr. Counsel for Petitioner :- Mohammad Akram Counsel for Respondent :- G.A.
Hon'ble J.J. Munir,J.
Heard Sri Mohammad Akram, learned counsel for the petitioner and Sri D.P.S. Chauhan, learned A.G.A. along with Sri Avanish Shukla, learned counsel appearing for the State.
This petition under Article 227 of the Constitution of India has been filed seeking to quash an order dated 09.02.2016 passed by the Chief Judicial Magistrate, Bijnor in Case no.2767 of 2015, State vs. Mohammad Hasnain (arising out of Case Crime no.200 of 2015), under Sections 420, 467, 468, 471, 120-B IPC, Police Station Dhampur, District Bijnor, whereby the learned Magistrate has framed charges and directed the matter to come up for hearing (leading of prosecution evidence). The said order on a revision to the learned Sessions Judge has been approved by the Additional District and Sessions Judge, Court no.7, Bijnor vide order dated 19.02.2018 passed in Criminal Revision no.387 of 2017.
A perusal of the impugned order shows that the order framing charge does not require any detailed evaluation of evidence or a flourish of all facts and evidence on both sides to be detailed. The Revisional Court has indicated well enough in the order impugned dated 19.02.2018 that there is ample material in the case diary to show that the charges are required to be framed which the Magistrate has rightfully done.
In the opinion of this Court, no interference is called for in the discretionary jurisdiction of this Court under Article 227 of the Constitution.
This petition fails and is, accordingly, dismissed.
Order Date :- 21.8.2018 Anoop/ Shahroz