Court No. - 45 Case :- APPLICATION U/S 482 No. - 115 of 2010 Petitioner :- Munna Sngh And Others Respondent :- State Of U.P.And Another Petitioner Counsel :- Bishram Tiwari Respondent Counsel :- Govt. Advocate Hon'ble Vijay Kumar Verma,J.
Heard learned counsel for the applicants and A.G.A for the State.
By means of this application under section 482 of the Code of Criminal
Procedure (in short ‘the Cr.P.C.’), the applicants have invoked inherent
jurisdiction of this court to quash the entire proceedings of Case No. 3112 of
2009 arising out of case crime No. 120 of 2009, under sections 147, 149, 452,
336, 323, 504, 506, 427 IPC and Section 3 (1) (x) SC/ST Act, P.S. Khadda,
District Kushinagar, pending in the court of Chief Judicial Magistrate
Kushinagar.
Certain arguments on merit have been made, but lastly it is submitted by
learned counsel for the applicant that the courts below be directed to decide
the bail application of the applicant on the same day.
On the basis of the averments made in the First Information Report, prima
facie cognizable offence is made out. After thorough investigation, charge-
sheet has been submitted, on which cognizance has been taken. Therefore, in
view of the observations made by Hon’ble Apex Court in the case State of
Andhra Pradesh Vs. Bajjori Kanthaiah and another AIR 2009 SC 671,
Renu Kumari vs. Sanjay Kumar 2008 (63) ACC 237 and State of Andhra
Pradesh Vs. Aravapally Benkanna and another 2009 (65) ACC 941, there
is no scope to quash the proceedings of aforesaid case.
However, considering the facts and circumstances of the case, it is
directed that if the applicants move application for appearance/surrender
before the court concerned within 30 days from today, the court concerned
shall fix date on that application for surrender/appearance. In the meantime
the court concerned shall seek instruction from the prosecution side. In case,
the applicants move the application for bail on the day of appearance or
surrender, the same shall be considered and disposed of expeditiously and if
possible on the same day by the courts below, keeping in view the
law/guidelines laid down in Smt. Amrawati and another versus State of
U.P. 2004 (57) ALR (290) (Seven Judges’ Judgment of this Court) and
Hon’ble Apex Court judgment in Lal Kamlendra Pratap Singh vs. State of
U.P. and others 2009 (3) A.D.J. 322 (SC), but having regard to the
observations made by the Division Bench of this Court in Pradeep Tyagi Vs.
State of U.P. and others 2009 (65) ACC 44 and Sheo Raj Singh @
Chhuttan vs. State of U.P. and others 2009 (65) ACC 781.
With this direction, the application is finally disposed of.
Order Date :- 6.1.2010
v.k.updh.