Court No. - 28 Case :- U/S 482/378/407 No. - 257 of 2010 Petitioner :- Kamal Kumar Pandey Respondent :- State Of U.P., & Another Petitioner Counsel :- Ashutosh Bajpai Respondent Counsel :- G.A. Hon'ble Alok K. Singh,J.
Heard learned counsel for the petitioner and learned A. G. A. who has put in appearance on
behalf of the State.
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 charge sheet in case
Crime No. C-37 of 2008, under Sections 406, 409 IPC, Police Station Hardi, district Bahraich,
pending in the court of Judicial Magistrate, Bahraich.
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 petitioner that the offences are not of grave nature and are
triable by Magistrate. The petitioner being a law abiding citizen intends to appear before the
court(s) below to obtain the bail.
Without entering into the merit of the case, in view of the fact that the petitioner being a law
abiding citizen intends to appear before the court below, it is hereby directed that if the
petitioner appears before the court below and applies 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 applicant to appear through counsel and raise his objection, if any, against the initiation of
trial proceedings against him at the stage of framing of charges. This relief is being granted up
to the stage of framing of charges only provided the applicant after securing bail (1) furnishes
an undertaking to the satisfaction of the trial court that his counsel will remain present on his
behalf and will represent him on each and every date, (2) he 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 he 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.
With these observations this application under Section 482 Cr.P.C. is finally disposed of.
Order Date :- 22.1.2010
Shaakir/