Court No. - 54 Case :- APPLICATION U/S 482 No. - 2403 of 2010 Petitioner :- Pankaj Sharma And Another Respondent :- State Of U.P. And Another Petitioner Counsel :- Vikrant Pandey Respondent Counsel :- Govt. Advocate Hon'ble Ravindra Singh,J.
Heard learned counsel for the applicants and learned A.G.A.
This application has been filed with a prayer to quash the proceeding
of complaint case NO. 3951 of 2008 under sections 379, 427 IPC
pending in the court of learned A.C.M.M. Court No. 2, Ghaziabad.
From the perusal of the impugned order it appears that learned
Magistrate has taken the cognizance and summoned the applicant
after considering the complaint and statements recorded under
sections 200 and 202 Cr.P.C. which discloses the offence against
the applicants. There is no illegality or irregularities in the impugned
order, therefore, the prayer for quashing the impugned order is
refused.
However, considering the submissions made by learned counsel for
the applicants, it is directed that in case the applicants shall appear
before the court concern within 20 days from today, the same shall
be heard and disposed of in view of Smt. Amrawati and another Vs.
State of U.P. 2005 Cr.L.J. 755.
The Full Bench of this court has held in the aforementioned case:
1. Even if a cognizable offence is disclosed in the FIR or complaint
the arrest of the accused is not a must, rather the police officer
should be guided by the the decision of the Supreme Court in
Joginder Kumar Vs. State of U.P. 1994 Cr.L.J. 1981, before
deciding whether to make an arrest or not.
2. The High Court should ordinarily not direct any Subordinate Court
to decide the bail application the same day, as that would be
interfering with the judicial discretion of the court hearing the bail
application. However, as stated above, when the bail application is
under section 437 Cr.P.C. ordinarily the Magistrate should himself
decide the bail application the same day, and if he decides in a
rare and exceptional case not to decide it on the same day, he
must record his reasons in writing. As regards the application
under section 439 Cr.P.C. it is in the discretion of the learned
Sessions Judge, considering the facts and circumstances whether
to decide the bail application the same day or not, and it is also in
his discretion to grant interim bail the same day subject to the final
decision on the bail application later.
The same has been approved by the Hon’ble Apex Court in Lal
Kamlendra Pratap Singh Versus State of U.P. on 23.3.2009 in Criminal
Appeal No. 538 of 2009.
With this direction, this application is finally disposed of.
Order Date :- 28.1.2010
RPD