Court No. - 28 Case :- U/S 482/378/407 No. - 67 of 2010 Petitioner :- Rajesh Sharma, Respondent :- State Of U.P., & Another Petitioner Counsel :- Aniruddha Singh Respondent Counsel :- G.A. Hon'ble Alok K. Singh,J.
Heard learned counsel for the petitioner and learned A. G. A. who has put in appearance on
behalf of the State, opposite party no.1.
At this stage there is no need to issue notice to opposite party No. 2, hence it is dispensed
with.
This petition under Section 482 Cr.P.C. has been filed for quashing of the proceeding of the
Complaint Case No. 2292 of 2009 (Smt. Rani Devi Vs. Rajesh Sharma and others) under
Sections 323, 504, 506, 392 IPC, Police Station Kotwali City, district Hardoi, pending in the
Court of Judicial Magistrate-II, Hardoi, and impugned summoning order dated 01.06.2009.
As far as the summoning order is concerned, it is a settled law that it need not be a well
reasoned and detailed order. The order impugned, however, is a detailed order, which has been
passed on the basis of the accusations made in the complaint and the statements recorded
under Sections 200 and 202 Cr.P.C. Therefore, there does not appear to be any good ground
for quashing of the entire proceeding of the complaint case.
Learned counsel for the petitioner submits that the offences are not very grave. However,
being law abiding citizens he intends to appear before the court below.
Without entering into the merit of the case, in view of the facts and circumstances of the case,
it is hereby directed that if the petitioner appears before the court below and applies for bail
within one month from today the court(s) below shall dispose of the application expeditiously
preferably on the same day, if possible, in accordance with the observations made in the case
of Smt. Amrawati and another Vs. State of U.P. 2004 CBC page 705 and Lal Kamlendra
Pratap Singh Vs. State of U.P. Reported in 2009 (1) JIC 677 & 2009 (2) Crimes 4 (SC).
Thereafter, the trial court may permit the petitioner to appear through counsel and raise his
objection, if any, against the initiation of trial proceedings against him at the stage of framing
of charges. This relief is being granted up to the stage of framing of charges only provided the
petitioner after securing bail (1) furnishes an undertaking to the satisfaction of the trial court
that his counsel will remain present on his behalf and will represent him on each and every
date, (2) he will not raise any objection as to the actual presence of the person who is facing
trial, (3) no objection shall be raised that the evidence is being recorded in his absence, (4) an
undertaking will also be given to the effect that he will be present before the court whenever
called upon to do so at any stage. These directions are being accorded in the light of the
observations made by Hon’ble Apex Court in the case of M/s Bhaskar Industries Ltd. Vs.
Bhiwani Denim and Apparels Limited, reported in 2001 Crl. Law Journal page 4250 .
Warrant, if any, shall be kept in abeyance during the aforesaid period of one month.
With these observations this petition under Section 482 Cr.P.C. is finally disposed of.
Order Date :- 11.1.2010
Shaakir/