Court No. - 28 Case :- U/S 482/378/407 No. - 270 of 2010 Petitioner :- Abhishek Shukla & Ors. Respondent :- State Of U.P. & Another Petitioner Counsel :- Manoj Kumar Srivastava Respondent Counsel :- Govt. Advocate Hon'ble Alok K. Singh,J.
Heard learned counsel for the petitioners and learned A. G. A. who has put in appearance on
behalf of the State, opposite party no.1.
At this stage there is no need to issue notice to opposite party No. 2, hence it is dispensed with.
This petition under Section 482 Cr.P.C. has been filed for quashing the impugned charge sheet
no. 9 of 2008 dated 22.05.2008 submitted in case crime no. 103 of 2008, under Sections 147,
148, 149, 504, 506, 323, 336, 427, 452 I.P.C.and 3 (1) (X) SC/ST Act, Police Station Itaunja,
district Lucknow.
The impugned charge sheet has been filed on the basis of the accusations made in the F.I.R. and
the material collected during investigation including statements recorded under Section 161
Cr.P.C. The averments are factual in nature which cannot be adjudicated here. There does not
appear to be any sufficient cogent ground for quashing the charge sheet.
It is contended on behalf of the petitioners that except the offence under Section 3 (1) (X)
SC/ST Act all the offences are not so grave and the petitioners being law abiding citizens intend
to appear before the court below to participate in the proceedings after obtaining bail.
Without entering into the merit of the case, in view of the fact that the offences are not of grave
nature and the petitioners intend to appear before the court below, it is hereby directed that if
the applicants 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 & 2009 (2) Crimes 4 (SC). Thereafter, the trial court may permit
the petitioners to appear through counsel and raise their objection, if any, against the initiation
of trial proceedings against them at this 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
During the aforesaid period of three weeks the warrants, if any, shall be kept in abeyance.
With these observations this petition under Section 482 Cr.P.C. is finally disposed of.
Order Date :- 22.1.2010
Shaakir/