Court No. - 5 Case :- U/S 482/378/407 No. - 2900 of 2010 Petitioner :- Jai Jai Ram And 7 Others Respondent :- State Of U.P. And Another Petitioner Counsel :- Suresh Chandra Shukla Respondent Counsel :- Govt. Advocate Hon'ble Vedpal,J.
Notice on behalf of opposite party no. 1 has been accepted by learned
Additional Government Advocate.
Heard learned counsel for the parties and perused the record of the case.
It is submitted by learned counsel for the petitioners that the FIR was lodged
on account of enmity and the prosecution version is false and it was further
submitted that in between the parties there was dispute regarding Will.
Notice against opposite party no. 2 is dispensed with.
Proceedings which have been sought to be quashed under Section 482 Cr.P.C.
pertain to the Case No. 372 of 2010( Crime No. 98 of 2007) Shri Narayan
Sharan Vs, Jai Jai Ram and others) pending in the Court of V Addl. Chief
Judicial Magistrate, Hardoi and the summoning order dated 25.2.2010
whereby the petitioners were summoned for the offence punishable under
Sections 323,504,506,380 and 325 I.P.C . It is settled law that inhere 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
cognizable offence. 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.
In the end, learned counsel for the petitioners confines his prayer for
expeditious disposal of the bail application in case the applicants surrender
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 petitioners surrender before the court
below within ten days and move 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 2005CBC page 705.
With the aforesaid direction/ observation, this petition is disposed of finally.
13.7.2010/Tripathi