Iliyas and Others vs State of U.P. and Another

S.C. Agarwal, J.—Heard learned Counsel for the revisionists and learned A.G.A. for the State.

In view of order proposed to be passed, there is no need to issue notice to respondent No. 2.

Order dated 1.8.2009 passed by Judicial Magistrate-I, Meerut in Criminal case No. 2187 of 2008 State v. Gulzar, P.S. Sardhana, District Meerut and judgment and order dated 14.5.2010 passed by Additional Sessions Judge, Court No. 3, Meerut in criminal revision No. 409 of 2009 are under challenge in this revision.

In the aforesaid criminal case No. 2187 of 2008, an application was moved by the complainant for summoning the petitioners as accused u/s 319 Cr.P.C. The application was allowed and the petitioners were summoned to face trial. The revision filed by the revisionists was dismissed by the Sessions Court. Hence this writ petition.

It is submitted by learned Counsel for the petitioners that the Magistrate, while summoning the accused u/s 319 Cr.P.C., did not record his satisfaction that there exists a possibility that the accused, so summoned, in all likelihood would be convicted.

Hon''ble Apex Court in the case of Mohd. Shafi v. Mohd. Rafiq and Anr. reported in LXVIII 2007 ACC 254 held that before exercising its discretionary jurisdiction in terms of Section 319 Cr.P.C., the Court must arrive at the satisfaction that there exists a possibility that the accused, so summoned, are in all likelihood would be convicted.

No such satisfaction has been recorded by the Magistrate while passing the order u/s 319 Cr.P.C. The order was passed simply on the ground that prima facie the petitioners appear to be involved in the crime. This is not sufficient compliance of the direction given by the Hon''ble Apex Court in the aforesaid ruling. Consequently, the impugned order is liable to be set-aside.

Writ Petition is allowed. Impugned order dated 1.8.2009 passed by the Judicial Magistrate-I, Meerut and judgment and order dated 14.5.2010 passed by Additional Sessions Judge, Court No. 3, Meerut are set-aside. Learned Magistrate is directed to decide the application u/s 319 Cr.P.C. afresh keeping in view the directions given by the Hon''ble Apex Court in the case of Mohd. Shafi (supra).