Court No. - 27
Case :- MATTERS UNDER ARTICLE 227 No. - 6039 of 2019 Petitioner :- Radheyshyam Singh Yadav And 2 Others Respondent :- State Of U.P. And Another Counsel for Petitioner :- Upendra Kumar Dubey,Surendra Nath Dubey Counsel for Respondent :- G.A.
Hon'ble Vivek Varma,J.
Heard learned counsel for the petitioners and learned AGA for the State respondent.
By means of this writ petition, petitioners have prayed for a writ in the nature of certiorari quashing the impugned order dated 27.6.2019 passed by Sessions Judge, Jaunpur in Criminal Revision No. 198 of 2018 (Radhey Shyam Singh and others Vs State of UP and another) as well as the impugned order dated 9.8.2018 passed by A.C.J.M.V, Jaunpur whereby the petitioners have been summoned to face the trial for the offences under Sections 323, 504, 506 IPC.
It is contended by learned counsel for the petitioners that opposite party no. 2 has filed a complaint against the petitioners and the Learned Magistrate after taking evidence of complainant and his witnesses u/s 200/202 Cr.P.C. summoned the petitioners to face the trial for the offences under aforesaid sections vide order dated 9.8.2018. Aggrieved against this order, petitioners preferred Criminal Revision which was rejected by the Court vide order dated 27.6.2019 and the order of the learned Magistrate was affirmed.It is this order which is subject matter of challenge before this Court.
It is contended by learned counsel for the petitioners that present criminal proceeding has been launched against the petitioners with malicious intention and just to harass them as no offence is made out against the petitioners. It is further submitted by learned counsel for the petitioners that both the courts below have not applied its judicial mind before summoning the petitioners and thus have committed gross illegality in passing the impugned orders. He further submits that no offence against the petitioners is disclosed and the present prosecution has been instituted with a malafide intention for the purposes of harassment.
From the perusal of material on record and looking into the facts of the case at this stage it cannot be said that no offence is made out against the petitioners. All the submissions made at the bar relate to the disputed questions of fact, which cannot be adjudicated upon by this court under the writ jurisdiction. The disputed defense of the accused cannot be considered at this stage. Since, the petitioners have been summoned by the Trial Court, they will have various opportunities before the Trial Court to agitate their grievance at appropriate stages.
The prayer for quashing the impugned orders is refused. Accordingly, the writ petition is hereby dismissed. However, considering the facts and circumstances of the case, if the petitioners appear before the Court below in compliance of the summoning order passed by the Court below within 30 days of this order and apply for bail, their prayer for bail shall be considered and disposed of in accordance with law.
Order Date :- 22.8.2019 RavindraKSingh