Court No. - 5 Case :- U/S 482/378/407 No. - 2969 of 2010 Petitioner :- Mohd. Zeeshan & Ors. Respondent :- State Of U.P. & Another Petitioner Counsel :- Qazi Sabihur Rahman,Risha Syed,Rizwaunl Haq Respondent Counsel :- Govt. Advocate Hon'ble Vedpal,J.
This petition under Section 482 Cr.P.C. has been filed by the petitioners for
quashing the order dated 22.12.2008, passed by learned Chief Judicial
Magistrate, Lucknow in case no.10765 of 2008 ( case crime no. 81 of 2008)
under Sections 147,323,504, 506 I.P.C. and 3 (1) (X) SC and S.T. Act, Police
Station Gudamba, Lucknow whereby he took cognizance of the charge sheet
filed by the Police .
Notice on behalf of opposite party no. 1 has been accepted by learned A.G.A.
Heard learned counsel for the petitioners, learned A.G.A. and perused the
record of the case.
Notice against opposite party no. 2 is dispensed with.
Charge sheet was submitted by the Police after detailed investigation in the
matter. Statement of the witnesses under Section 161 Cr.P.C. was recorded at
length. It is settled law that inherent 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 offence. There is nothing on record
to show that proceeding is 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 every one 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 an 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 Full Bench of this Court in case of Smt. Amrawati and
another Vs. State of U.P. reported in 2005 CBC page 705. With the aforesaid
observations, the petition is disposed of finally.
Order Date :- 23.7.2010/Tripathi