Court No. - 28 Case :- U/S 482/378/407 No. - 181 of 2010 Petitioner :- Wahab Alam And Others Respondent :- State Of U.P. And Another Petitioner Counsel :- R.N. Yadav Respondent Counsel :- Govt. Advocate Hon'ble Alok K. Singh,J.
Heard learned counsel for the petitioners, learned A. G. A. who has put
in appearance on behalf of the State and perused the material placed on
record.
At this stage there is no need to issue notice to opposite party No. 2,
hence it is dispensed with.
This application under Section 482 Cr.P.C. has been filed for quashing
of the proceedings of the Case No. 42 of 2009, under Sections 147, 148,
149, 323, 336, 379, 427, 352, 411, 504, 506 I.P.C. and Section 7 Crl.
Law Amendment Act, Police Station Malihabad, District Lucknow
(State VS. Wahab Alam & others), pending in the Court of Addl. Chief
Judicial Magistrate (Ayodhya Prakran/C.B.I.), Lucknow.
The allegations are factual in nature and at this stage, there does not
appear to be any good ground for quashing of the proceedings of the
case which has been launched on the basis of the charge sheet, which
has been filed on the basis of the accusations made in the F.I.R.,
statement recorded under Section 161 Cr.P.C. and the material collected
during the investigation.
It is contended on behalf of the applicants/petitioners that the offences
are not very grave. However, the applicants/petitioners being law
abiding citizens intend to appear before the court below to obtain bail.
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
applicants/petitioners appear before the court below and apply for bail
within three weeks 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.
Thereafter, the trial court may permit the applicants to appear through
counsel and raise their objection, if any, against the initiation of trial
proceedings against them at the stage of framing of charges. This relief
is being granted up to the stage of framing of charges only provided the
applicants after securing bail (1) furnish an undertaking to the
satisfaction of the trial court that their counsel will remain present on
their behalf and will represent them on each and every date, (2) They
will not raise any objection as to the actual presence of the person who
is facing trial, (3) an undertaking will also be given to the effect that
they 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.
Till the aforesaid period of three weeks, non bailable warrant, if any
against the petitioners shall be kept in abeyance.
With these observations this application under Section 482 Cr.P.C. is
finally disposed of.
Order Date :- 19.1.2010
ML/-