Court No. - 67
Case :- MATTERS UNDER ARTICLE 227 No. - 199 of 2019 Petitioner :- Naushad Respondent :- State Of U.P. And Anr.
Counsel for Petitioner :- Dinesh Kumar Mishra Counsel for Respondent :- G.A.
Hon'ble Rahul Chaturvedi,J.
Heard learned counsel for the petitioner as well as learned A.G.A.
By means of the present petition, the prayer sought by the petitioner is to stay the effect and operation of order dated 19.12.2018 passed by Sessions Judge, Bijnor in Criminal Revision No.360 of 2018(Naushad Vs. State) as well as order dated 11.12.2018 passed by C.J.M. Bijnor in criminal case no.3484 of 2011(State Vs. Mohsin and others) arising out of case crime no.60 of 2011 under Sections 376(2)G, 323 IPC, Police Station-Kotwali Shahar, District-Bijnor.
The submission made by learned counsel for the petitioner is that the matter relates to the year 2011. The next submission is that police after holding superficial investigation, submitted the Final Report in the matter and when the same was protested, the petitioner was summoned in exercise of power under Section 190(1)(B) of Cr.P.C. Thereafter, a criminal revision was preferred against the summoning order dated 26.07.2011 bearing Criminal Revision No.284 of 2014 which was rejected by learned Additional Sessions Judge/Special Judge, Bijnor and an application came before the High Court by means of Criminal Misc. Writ Petition No.10063 of 2015(Naushad Vs. State of U.P. and others) and coordinate Bench of this Court vide order dated 30.04.2015 passed a detailed order and declined to interfere in the matter. However, concession was given to the petitioner that if discharge application would be moved within a period of eight weeks, the same shall be decided by the court concerned and till then no coercive action shall be taken against him. The said discharge application was eventually decided against the applicant of which a revision was preferred by the revisionist. It is further contended that revision was admitted but there was no interim order passed in the aforesaid application.
Under the circumstances, I hereby direct that the petitioner would surrender pursuant to the order dated 22.12.2018 before the court concerned on or before 15.03.2019 and apply for bail and the same shall be decided by the court concerned strictly in accordance with law.
So far as Criminal Revision No.360 of 2018 pending before learned Sessions Judge, Bijnor is concerned, the same shall be decided within a period of three months from the date of production of certified copy of this order.
It is made clear that up to 15.03.2019, no coercive action shall be taken against the petitioner in the aforesaid case.
With the aforesaid observations, the present petition stands disposed of.
Order Date :- 26.2.2019 Sumit S