OM PRAKASH -VII, J. - (1.) THIS writ petition under Article 226 of the Constitution of India has been filed with a prayer to issue writ, order or direction in the nature of certiorari quashing the order dated 23.5.2000 passed by II Addl. Sessions Judge, Ballia in Criminal Appeal No.15 of 1998 (Aftab and Another Vs. State of U.P. and Others). A further prayer has been made that direction be issued to respondent no.2 to give effect to the order dated 17.3.1998 passed by Chief Judicial Magistrate, Ballia and to proceed with the complaint dated 21.4.1998.
(2.) HEARD Sri S.K. Chaubey, learned counsel for the petitioner and learned A.G.A. for the State.
(3.) SINCE none was present on behalf of the opposite parties no.4 and 5 on 31.10.2014 when the case was taken up in the revised call, the Court has proceeded to decide the matter on the basis of material available on record and the counter affidavit filed by opposite parties no.4 and 5. The brief facts of the case are that the petitioner is a complainant in criminal case no.2989 of 1995 (Nisar Ahmad Vs. Azimullah) under Section 323, 325 IPC. Aftab and Iqbal, opposite parties no.4 and 5 respectively, stood sureties for the accused Mumtaz in aforesaid criminal case by giving wrong addresses and filing false affidavit and hence committed forgery and perjury. Since opposite parties no.4 and 5 stood sureties in other cases also and that fact had been suppressed while furnishing the affidavit in criminal case no.2989 of 1995, petitioner moved an application before the trial Court to inquire into the matter and to initiate criminal proceeding against them. The Chief Judicial Magistrate, Ballia inquired the matter under Section 340 Cr.P.C. and found that opposite parties no.4 and 5 had filed false affidavit declaring that they have not stood surety in any other case. The Magistrate concerned found the allegations leveled against the opposite parties no.4 and 5 in the compliant correct and allowed the application of the petitioner vide order dated 17.3.1998. Thereafter, the Magistrate concerned transferred the complaint filed by the petitioner under section 199 IPC in pursuance of order dated 17.3.1998 to the Court of I Addl. Chief Judicial Magistrate, Ballia to start the trial in accordance with law. Against the said order, the opposite parties no.4 and 5 filed criminal appeal no.15 of 1998 before the Sessions Judge, Ballia, which was allowed by the II Addl. Sessions Judge, Ballia on 23.5.2000 and the order dated 17.3.1998 passed by the Chief Judicial Magistrate, Ballia was set -aside. Feeling aggrieved with the order passed by II Addl. Sessions Judge, Ballia, the petitioner has preferred the present writ petition.;