Court No. - 28 Case :- U/S 482/378/407 No. - 69 of 2010 Petitioner :- Mohammad Ahmad Khan, & Others Respondent :- State Of U.P., & Another Petitioner Counsel :- A.Z.Siddiqui Respondent Counsel :- G.A. 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
dated 01.12.2005, under Sections 323, 504, 506 IPC, Police Station Kotwali Utraula, district
Balrampur and the cognizance order dated 02.01.2008 passed by the Judicial Magistrate,
Utraula, Balrampur in Crl.Case No. 932 of 2005.
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., therefore, it cannot be quashed.
It is contended on behalf of the petitioners that the offences are not of grave nature and triable
by Magistrate and the petitioners being law abiding citizens intend to appear before the court
below to participate in the proceedings.
Without entering into the merit of the case, in view of the fact that the offences are not of grave
nature and are triable by Magistrate and the petitioners intend to appear before the court below,
it is hereby directed that if the petitioners 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 :- 11.1.2010
Shaakir/