RIYAZ Vs. STATE OF U. P.

JUDGEMENT

(1.) This matter, under Article 227 of the Constitution of India, has been filed by Riyaz and two others, against State of U.P and another, with a prayer for setting aside impugned summoning order of the court of Magistrate as well as order of Revisional court.

(2.) Learned counsel for the applicants argued that applicants are innocent. They have been falsely implicated in above case, which was filed by way of filing a complaint before the Magistrate by Shakir, who is real brother-in-law of applicant nos. 1 and 2. There occurred some matrimonial dispute as a result of which this false case was concocted in which complainant, under Section 200 of Cr.P.C. and his witnesses, under Section 202 of Cr.P.C., have given wrong evidence. Neither the Magistrate nor the court of Revision appreciated above facts and thereby order of summoning was confirmed. This was patently erroneous and misuse of process of the court. Hence, for exercise of power of general superintendence of High Court over its subordinate court, under Article 227 of the Constitution of India, this Application has been filed, with above prayer.

(3.) A complaint was filed before the Magistrate at Amroha by Shakir, against Riyaz, Mujahid and Rohil, with accusation of an occurrence, which occurred on 18.10.2017, for offence, punishable, under Section 380, 392, 323, 504 and 506 IPC of Police Station-Gajraula, District Amroha. Magistrate took cognizance and examined complainant, Shakir, under Section 200 of Cr.P.C. in which complainant reiterated contention of complainant in his testimony. Subsequently, two witnesses, Nasir and Sazid were also examined, under Section 202 of Cr.P.C. wherein corroboration of testimony of complainant was intact. Magistrate, after hearing learned counsel for complainant, has passed impugned summoning order, dated 13.08.2018, whereby Riyaz Mujahid and Rohil were summoned for offence, punishable, under Section 323 and 504 of IPC. This order was challenged before the court of Revision, i.e., Sessions Judge, Amroha, under Section 397 of Cr.P.C., being Criminal Revision No. 89 of 2019 and it stood decided by the Additional Sessions Judge/Fast Track Court No.1, Amroha, vide order, dated 9.7.2019, wherein the summoning order, passed by the Magistrate has been confirmed. Learned Additional Sessions Judge, in his order, has observed that the court of revision could not enter into factual aspect of the matter for appreciation of evidence given by the complainant and witnesses of the complainant, under Sections 200 and 202 of Cr.P.C. Prima facie, on the basis of evidence, under Sections 200 and 202 Cr.P.C., offence, punishable, under Sections 323 and 504 of IPC was there and as such the Trial court was well within its jurisdiction to pass impugned order, which does not suffer from any illegality.