Heard learned counsel for the revisionists and learned A.G.A.
The present criminal revision has been filed for quashing the summoning order dated 1.11.2010 passed by learned Additional Sessions Judge, Court No.1, District Badaun in Sessions Trial No.30 of 2010, under Sections 498A, 304B, 201 I.P.C. and 3/4 D.P. Act, Police Station Bisauli District Badaun.
The contention of the counsel for the revisionists is that no offence against the revisionists is disclosed and the present prosecution has been instituted with a malafide intention for the purposes of harassment. He pointed out certain documents and statements in support of his contention.
From the perusal of the 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 revisionists. All the submissions made at the bar relates to the disputed question of fact, which cannot be adjudicated upon by this Court under revisional jurisdiction. At this stage only prima facie case is to be seen. Moreover, the revisionists have got a right of discharge under Section 239 or 227/228, Cr.P.C. as the case may be through a proper application for the said purpose and he is free to take all the submissions in the said discharge application before the Trial Court.
The prayer for quashing the summoning order is refused.
However, it is directed that the revisionists shall appear and surrender before the court below within 30 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 30 days from today or till the disposal of the application for grant of bail whichever is earlier, no coercive action shall be taken against the revisionists. However, in case, the revisionists do not appear before the Court below within the aforesaid period, coercive action shall be taken against them.
With the aforesaid directions, this application in revision is finally disposed of.
Order Date :- 4.2.2011 Bhaskar