Court No. - 53
Case :- MATTERS UNDER ARTICLE 227 No. - 4564 of 2018 Petitioner :- Raghuveer And Another Respondent :- State Of U.P. And Another Counsel for Petitioner :- Pradeep Kumar Shukla Counsel for Respondent :- G.A.
Hon'ble J.J. Munir,J.
Heard learned counsel for the petitioners and the learned AGA for the State.
This petition under Article 227 has been filed challenging and order dated 17.10.2017 whereby the final report submitted by the police in case Crime No. 67 of 2017, under Sections 376, 452 IPC, P.S. Sirouli, District Bareilly pending before the Judicial Magistrate 1st Aonwla, District Bareilly has been rejected and on the protest of the prosecutrix considering the material in the case diary the petitioners have been summoned to stand trial. The said order has been upheld in Criminal Revision No. 571 of 2017 passed by the Additional Sessions Judge, Fast Track Court, Bareilly. Both the orders aforesaid are impugned in the present petition under Article 227 of the Constitution.
Heard Sri Pradeep Kumar Shukla, learned counsel for the petitioners and Sri Indrajeet Singh, learned AGA for the State.
After perusing the order impugned and the material on record, this Court finds that both courts have taken into consideration medico legal evidence on record, and, the statement of the prosecutrix under Section 164 Cr.P.C., in particular, which prima facie supports the prosecutrix as also her statement under Section 161 Cr.P.C., in arriving at a finding that a case worth taken cognizance is made out. This Court has also taken through the relevant material on the basis of which the two courts below have proceeded.
Looking to the finding of the courts below and on perusal of the material in the case diary, this Court is of the opinion that there is no infirmity in the orders impugned. The prayer to quash the impugned order dated 01.06.2018 and 07.10.2017 passed by the learned Sessions Judge and the Magistrate is refused.
However, considering the facts and circumstances of the case, it is provided that if the applicants appear and surrender before the court below within 45 days from today and apply for bail, their prayer for bail shall be considered and decided in view of the settled law laid by this Court in the case of Amrawati and another Vs. State of U.P. reported in 2004 (57) ALR 290 as well as judgement passed by Hon'ble Apex Court reported in 2009 (3) ADJ 322 (SC) Lal Kamlendra Pratap Singh Vs. State of U.P.
For a period of 45 days from today or till the applicants surrender 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.
With the aforesaid directions, the application is finally disposed of.
Order Date :- 31.7.2018 Imroz