Court No. - 43 Case :- APPLICATION U/S 482 No. - 24685 of 2010 Petitioner :- Jai Pal Singh And Another Respondent :- State Of U.P. & Another Petitioner Counsel :- H.C.Dwivedi 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 order dated
12.7.2010 passed by learned C.J.M., J.P. Nagar in complaint case No. 332 of
2010 by which the learned Magistrate has taken the cognizance and
summoned the applicants to face the trial for the offence punishable under
sections 452, 323, 506, 354 I.P.C.
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.
Considering the same, it is directed that in case the applicants appear before
the court concerned within 30 days from today and apply for bail, 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 :- 4.8.2010
RPD