Court No. - 5 Case :- U/S 482/378/407 No. - 2632 of 2010 Petitioner :- Bhanu Pratap Respondent :- State Of U.P. And Another Petitioner Counsel :- Uma Kant Verma Respondent Counsel :- Govt. Advocate Hon'ble Vedpal,J.
This petition under Section 482 Cr.P.C. has been filed by the petitioners for
quashing the proceedings of the Complaint Case No.18541 of 2009 :
Mahadeo Vs. Bhanu Pratap and others under Sections 323, 504, 392 I.P.C.
and Section 3(1) (x) of SC & ST Act, Police Station and District Kheri as
well as the impugned order dated 24.4.2010 passed by the Sessions Judge,
Kheri and the order dated 26.3.2010 passed by the Chief Judicial Magistrate,
Kheri in the aforesaid complaint case.
Notice on behalf of the opposite party no.1 has been accepted by the learned
A.G.A.
Notice against the opposite party no.2 is dispensed with.
Heard the learned counsel for the parties and perused the record of the case.
Proceedings which has been sought to be quashed under Section 482 Cr.P.C.
pertains to the Complaint Case No.18541 of 2009 : Mahadeo Vs. Bhanu
Pratap and others under Sections 323, 504, 392 I.P.C. and Section 3(1) (x) of
SC & ST Act, Police Station and District Kheri. It is settled law that
inherent power to quash the proceeedings of complaint case, should not be
exercised to stiffle 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 cognizable offence. There is nothing on
record to show that proceedings is 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.
In the end, learned counsel for the petitioner 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 his bail, the same shall be
considered and disposed of by the courts below, expeditiously in the light of
the law laid down by 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 :- 7.7.2010
Shukla