Dismissed
Rajnath Tiwari v. State of U.P. and 4 Others
Allahabad HCA227/3363/2019
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from the order text
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Case :- MATTERS UNDER ARTICLE 227 No. - 3363…
What the court decided
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Case :- MATTERS UNDER ARTICLE 227 No. - 3363…
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Court No. - 68
Case :- MATTERS UNDER ARTICLE 227 No. - 3363 of 2019
Petitioner :- Rajnath Tiwari Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Anurag Tripathi Counsel for Respondent :- G.A.
Hon'ble Umesh Chandra Tripathi,J.
Heard learned counsel for parties and perused the record.
This writ petition under Article 227 of the Constitution of India has been filed on behalf of the petitioner against the judgment and order dated 16.10.2018 passed by IIIrd Additional Sessions Judge, Deoria, in Criminal Revision No. 25 of 2018 (Rajnath Tiwari v. State of U.P. and others), dismissing the revision against the order dated 08.12.2017 passed by Chief Judicial Magistrate, Court No. 17, Deoria, in Complaint Case No. 3872 of 2017 (Rajnath v. Ramkesh and others). Vide order dated 08.12.2017, co-accused Kulbhushan Ojha has been summoned for the offence punishable under Sections 342, 506 I.P.C.
Learned counsel for the petitioner contended that from the version of complaint and statement of the complainant and his witnesses recorded under Sections 200, 202 of the Code, offence under Sections 342, 506 I.P.C. is also made out against respondent nos. 3 and 4 - Devendra Nath Tiwari and Ramkesh Yadav. However, learned Magistrate has not summoned them.
Per contra, learned A.G.A. opposed the prayer and contention raised by learned counsel for the petitioner and contended that there is no illegality or infirmity in the impugned orders passed by the trial court.
As per provision of Section 319 of Cr.P.C., if it appears to the Magistrate that any person not being the accused has committed an offence for which such person can be tried with the accused, the court may proceed against such person for the offence which he appears to have committed.
Accordingly, alternate remedy is available to the petitioner to apply before the trial court, at an appropriate stage, for summoning of the other co-accused - Devendra Nath Tiwari and Ramkesh Yadav (respondent nos. 3 and 4). As such, it would not be appropriate for this Court to pass any order in exercise of its writ jurisdiction.
In view of above, I find no abuse of the process of court and accordingly, prayer for quashing the impugned orders in the aforesaid case is hereby refused.
Resultantly, the instant petition stands dismissed .
Order Date :- 14.5.2019 I. Batabyal
Rajnath Tiwari
State Of U.P.
Umesh Chandra Tripathi
As recorded by the court registry
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