Court No. - 5 Case :- U/S 482/378/407 No. - 2923 of 2010 Petitioner :- Azim Ali @ Babbu Respondent :- State Of U.P. Thru. Deputy Director Dudhwa Tiger And Another Petitioner Counsel :- Uma Kant Verma Respondent Counsel :- Govt. Advocate Hon'ble Vedpal,J.
Notice on behalf of opposite parties has been accepted by learned Additional
Government Advocate.
Heard learned counsel for the parties and perused the record of the case.
Proceedings which have been sought to be quashed under Section 482
Cr.P.C. pertain to Complaint Case No. 18489 of 2009 arising out of Range
Case No. 1 of 2006 -7 under Sections 2,9,27,35(6), 50,51(1) Wild Life
Protection Act, Range Belrayan, District Kheri as well as summoning order
dated 1.12.2009 whereby the petitioner was summoned to face trial. It reveals
from the perusal of the record that the complaint was filed by the Regional
Forest Officer, Forest Department in discharge of his official duty against the
petitioner. Learned court below on the perusal of the complaint was of the
opinion that there exists sufficient ground to summon the accused to face trial
and accordingly the petitioner was summoned to face trial by detailed order
passed by the Chief Judicial Magistrate, Kheri. It has been submitted that the
petitioner has been falsely involved in this case. This question cannot be
determined at this stage.
It is settled law that inherent power to quash the proceedings should not be
exercised to stifle the legitimate prosecution. It would be erroneous to assess
the reliability of the witnesses at this stage. A perusal of the record prima
facie discloses the commission of offence for which he has been summoned.
There is nothing on record to show that proceedings are malafide, frivolous or
vexatious. In these circumstances there appears no sufficient ground to
interfere in the matter and the progress of the trial before the court below.
Learned counsel for the petitioner in the last confines his prayer for
expeditious disposal of the bail application in case the applicant surrenders
before the court below. No doubt, it is the right of everyone that his bail
application be disposed of expeditiously.
It is, therefore, provided that if the petitioner surrenders before the court
below within ten days and moves application for bail, the same shall be
considered and disposed of by the courts below expeditiously in the light of
the law laid down by the Full Bench of this Court in case of Smt. Amrawati
and another Vs. State of U.P. reported in 2005 CBC page 705.
With the aforesaid direction/ observation, this petition is disposed of finally.
Order Date :- 16.7.2010/Tripathi