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Sunil Kumar Maurya And Another vs State Of U.P. And Another on 11 July, 2019


?Court No. – 73

Case :- MATTERS UNDER ARTICLE 227 No. – 3724 of 2019

Petitioner :- Sunil Kumar Maurya And Another

Respondent :- State Of U.P. And Another

Counsel for Petitioner :- Ashok Kumar Maurya

Counsel for Respondent :- G.A.

Hon’ble Om Prakash-VII,J.

The present petition under SectionArticle 227 of the Constitution of India has been filed by the petitioners with the prayer to set-aside the revisional court’s order dated 30.11.2018 passed by Additional Sessions Judge-V, Ballia in revision no.132 of 2017 under Sectionsection 406 IPC as well as summoning order dated 17.6.2015 passed by the Chief Judicial Magistrate, Ballia in complaint case no. 1490 of 2014 under Sectionsection 406 IPC, P.S. Kotwali, District Ballia.

Heard learned counsel for the petitioners and the learned AGA appearing for the State.

It is submitted by the learned counsel for the petitioners that the complaint was filed on the basis of false facts and also on the basis of malice. It is further submitted that from the version of the complaint as well as statement of witnesses, offence under the aforesaid Section is not made out against the petitioners. Summoning order passed in the matter is illegal. Revision preferred by the petitioners before the Court of District Sessions Judge was also dismissed on insufficient ground. Amount was withdrawn by the petitioners on the basis of resolution passed in the Management Committee. Offence under Sectionsection 406 IPC is not made out against the petitioners. The impugned orders suffer from illegality and infirmity.

On the other hand, learned AGA has submitted that petitioners have been summoned on the basis of the statements recorded under Sections 200 Cr.P.C. and 202 SectionCr.P.C. The revisional court’s has rightly rejected the revision filed by the petitioners. The impugned orders do not suffer from any illegality or infirmity.

Having regard to the facts and circumstances of the case, after perusing the entire record and having considered the submissions made by the learned counsel for the parties, I am of the view that no case is made out to interfere with the impugned orders. The impugned orders do not suffer from any infirmity or illegality. The Magistrate dealing with complaint at this stage has to see only prima-facie case and it cannot be said that no prima-facie case is made out against the petitioners. Further, the plea raised before this Court would require leading of evidence, which can be raised before the court concerned at the appropriate Stage. Hence, the prayer made in the present petition is refused.

At this stage, learned counsel for the petitioners prays that a direction may be issued to the court below for expeditious disposal of the bail application of the petitioners.

Hence, it is directed that in case the petitioners surrender before the court below and apply for bail within 30 days from today, the same shall be considered and decided in view of the settled law. For a period of 30 days from today, no coercive action shall be taken against the petitioners .

It is made clear that no further time shall be allowed to the petitioners for surrender before the court concerned.

With the above observations, the petition stands disposed of.

Order Date :- 11.7.2019 / ss



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