Namey Ali and Ors. vs State of U.P.& Anr.

Krishna Kumar, J.—This revision has been filed against the order dated 7121999 passed by Chief Judicial Magistrate, Moradabad in Criminal Case No. 5131/9/1999 whereby the Chief Judicial Magistrate, Moradabad issued nonbailable warrant of arrest against the revisionists after taking cognizance.

Learned Counsel for the revisionists contended that the revisionists were opposing the chargesheet. When the case was investigated by the police and chargesheet was submitted and the Court had taken cognizance, the accused could file objections at the stage when the learned Magistrate or Sessions Judge proposes to frame the charges against the accused persons. The revisionists could at that stage have a right to argue that no prima facie, case is made out against them. The accused at this stage have no right to get the proceedings stayed.

Learned Counsel for the respondents contended that cognizance of the case was taken long back by the learned Magistrate after the chargesheet was filed, but the revisionist have not appeared so far in the Court nor have been arrested. Thus, it is clear that the revisionists were only trying to get the proceedings of the Court of Magistrate stalled some how another with out even appearing before the Court.

Learned Counsel for the revisionists contended that in similar circumstances the proceedings of the case were stayed. However, the said application was moved under Section 482, Cr. P.C. and further in that case the investigation was entrusted to C.B.C.I.D. with permission of t he Court and, therefore, it was held that when the Court itself permitted further investigation by C.B.C.J.D., the evidence must be allowed to be collected by the C.B.C.I.D. in further investigation. In this case the learned Magistrate did not give permission to C.B.C.I.D. for further investigation rather chargesheet was submitted by the police register on the basis of which cognizance was taken by the Court. Therefore, this Court could not stay the proceedings of the lower Court nor there is any force in this revision.

In view of the above, I do not find any illegality in the order passed by the learned Magistrate. The revision has no force, it is accordingly dismissed.

Revision dismissed.