Court No. - 79
Case :- APPLICATION U/S 482 No. - 41830 of 2019 Applicant :- Praveen And Anr Opposite Party :- State of U.P. and Another Counsel for Applicant :- Mohd. Aslam Counsel for Opposite Party :- G.A.,Dharmendra Kumar Mishra,Pardeep Kumar Hon'ble Ajit Singh,J.
Sri Pardeep Kumar, Advocate has filed his Vakalatnama on behalf of opposite party no. 2 in the Court today is taken on record.
Heard learned counsel for the applicant, learned counsel for the opposite party no. 2 and learned A.G.A. for the State.
The applicants by means of this application under Section 482 Cr.P.C. has invoked the inherent jurisdiction of this Court with a prayer to quash the impugned order dated 25.9.2019 passed by Addl. Sessions Judge court no. 7, Saharanpur in Criminal Revision No. 105 of 2019 as well as impugned order dated 14.12.2018 passed by Chief Judicial Magistrate, Saharanpur in Misc. Case no. 2512 of 2014, arising out of Case Crime no. 274A of 2012, under Sections 147, 148, 149, 323, 307, 302, 504 and 506 I.P.C., P.S. Gangoh, district-Saharanpur. Further prayer is that to stay the effect and operation of the impugned order dated 25.9.2019 passed by Addl. Sessions Judge court no. 7, Saharanpur as well as impugned order dated 14.12.2018 passed by Chief Judicial Magistrate, Saharanpur.
Initially an FIR was lodged by the opposite party no. 2, Jai Chand against the accused persons, who are present applicants in this application. The matter was investigated by the police and completion of investigation the police has submitted final report against the accused-applicants, aggrieved from the final report the opposite party no. 2 filed a protest petition and after considering the protest petition and considering the material available on record the Chief Judicial Magistrate took cognizance and summoned the applicants to face trial of the aforementioned offences. The order passed by the Chief Judicial Magistrate, Saharanpur is annexed as Annexure-8 to the affidavit accompanying the application.
Aggrieved by the summoning order of the Chief Judicial Magistrate, revision of that order was filed and the revisional court after hearing the matter passed the order, directing lower court to pass the summoning order afresh and the matter was remanded back for re-consideration and again the order was passed, which is annexed at page no. 48. Against that summoning order the revision was preferred, which was dismissed by order dated 25.9.2019, hence this application was preferred against the impugned order.
Learned counsel for the applicants submitted that the accused have been summoned in a cursory manner and the Chief Judicial Magistrate as well as revisional court had not considered the facts and circumstances of the case in proper legal prospective and summoned the accused illegally.
Sri Pardeep Kumar, learned counsel appearing on behalf of opposite party no. 2 has vehemently opposed the argument advanced by learned counsel for the applicants and submitted that the summoning order passed by the Chief Judicial Magistrate, Saharanpur was affirmed by the revisional court and the courts below have considered the facts and circumstances of the case and after considering the facts and circumstances of the case passed the impugned order which are totally perfect and legal and hence no interference is required by this Court.
After having heard the learned counsel for the parties present and perusal of the impugned orders, and material available on record, this Court is of the view that the impugned orders are based upon relevant considerations and supported by cogent reasons, there is no abuse of process seen in the impugned orders and hence requires no interference by this Court.
The application lacks merits and is accordingly dismissed.
After pronouncement of the order, learned counsel for the applicants has made a prayer that some protection be given to the proposed accused.
However, it is directed that in case the accused-applicants appear and surrender before the court below within 15 days and apply for bail, their bail application shall be considered and decided expeditiously in accordance with law after hearing the Public Prosecutor in the aforesaid crime number for the aforesaid offence.
For a period of 15 days from today or till the applicants surrender and apply for bail whichever is earlier, no coercive action shall be taken against the applicants. However, in case, the applicants do not appear before the Court below within the aforesaid period, coercive action shall be taken against them.
Order Date :- 26.11.2019 Faridul